There's a formal DMCA process - I believe the host has to take it down, but on recieving a formal notice from YOU they have the option (but not the obligation) to put it back up, but I don't recall the specifics.
On 12/22/07, Jay dedman <[EMAIL PROTECTED]> wrote: > > > > > > > > Unfortunately only a judge or jury ultimately gets to decide what's > > fair use, which means the person without the in house legal team is at > > the mercy of the person with legal resources regardless of who's right > > and who's wrong. Follow Steve's links above for the nitty gritty. This > > seems like an open and shut case of fair use to me, but I'm on the > > wayyyyyyy media hacky lefto archist side of that issue so my > > interpretation isn't what would necessarily hold up in court. In my > > world, unless someone's pirating (making money off of a copy of > > something as if you are the producer / selling something as if its the > > real thing when its not) or non-satirically making it look like you > > endorse something when you don't (which is libel so doesn't even fall > > under this umbrella anyway), the use should not only be protected, but > > get a little "Upholder of Free Speech" gold star. The Fair Use > > exception can be interpreted to be pretty close to that (minus the > > gold star of course) - unfortunately, it can be interpreted in the > > reverse direction too, depending on which of the evaluative factors > > listed in the law is weighted more heavily by those making the > > judgment. The DMCA muddies the waters further. > > co lte me ask a question because I get confused about the > responsibilities of a video hosting service. > Let's say you use a host that will actually talk to you, like blip. > You post what you think is a parody of someone else's work. > They send blip a takedown notice. > > Can blip look at the video and say, "naw, we think this is fair use. > sorry". > can they stand up to the person asking for the video's removal? > > All the stories I hear make it seem like the video hosts' have no > choice but to take down any video that is someone asks. > > Jay > > -- > http://jaydedman.com > 917 371 6790 > Video: http://ryanishungry.com > Twitter: http://twitter.com/jaydedman > Photos: http://flickr.com/photos/jaydedman/ > RSS: http://tinyurl.com/yqgdt9 > -- _______________________________________________________ Brook Hinton film/video/audio art www.brookhinton.com studio vlog/blog: www.brookhinton.com/temporalab
