Copyright

Lenz court interprets and limits damages available under DMCA 512(f) for wrongfully issued takedown notices

The newest Lenz decision interprets damages available for bogus takedown notices under 17 U.S.C. 512(f), but its practical effect will be to limit the amount plaintiffs can recover.

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Our educational guides are organized by category and title below. We also have the Fair Use app and 150+ video guides available.  You can check out our video legal guides by clicking here!  You can also buy our new book Don't Panic, a plain language legal guide that every creator and business should have when starting a project.

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How service providers deny users the right to counternotify for content removed by DMCA takedown notices

DMCA pic

New Media Rights recently heard from a blogger who received notification that a takedown notice was sent to their service provider, a website that hosts individuals blogs, and that the user’s content was removed.  However, the blogging service didn't

1) Identify the individual who requested the information be taken down OR

2) Specifically identify the infringing material

What's the problem?  This essentially destroys a users right to counternotify, allowing overreaching large content companies to control and remove Internet speech at will. 

Learn about the problem here, and learn how to fight back if you have content removed by a DMCA takedown notice.

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Youtube puts ads on videos without permission

Youtube's filtering technology may be causing advertisements to appear on content without permission.  Besides the possible contract violations, the ads create catch 22's when uploading openly licensed (ie. Creative Commons) content to Youtube.   Youtube could have a significant effect on the future openly licensed video content.  This is appears to be a slap in the face to open content and step in the wrong direction.

RIAA wins $1.9 million judgment in retrial of alleged filesharer Jammie Thomas

A retrial of Jammie Thomas, who has been unique in her refusal to settle with the RIAA's filesharing gestapo, has ended with an even greater jury verdict against her. This time, instead of $9,250 per song allegedly shared on Kazaa, the jury found her guilty of "willful" infringement at $80,000 per song. As if you weren't already scratching your head at the current state of copyright law (think the failure of the DMCA to account for fair use, copyright term of 70 years plus life of the author)

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