On Sat, Jul 19, 2008 at 11:57 AM, Brook Hinton <[EMAIL PROTECTED]> wrote: > http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/07/19/BUDH11RKQ9.DTL&tsp=1 > Could set precedent requiring consideration of likely fair use claims > before takedowns.
this is such a good story: "There must be some requirement that a copyright owner both consider fair > uses and determine honestly whether they exist before sending their > (takedown) notice," Lenz's lawyer, Corynne McSherry, said in court papers. > She said the video, which focuses on the toddler and contains only a snippet > of the song, couldn't have any conceivable impact on the market Universal's > copyright was meant to protect. > > But Fogel, at Friday's hearing, said he was concerned that requiring > copyright holders to consider the possibility of fair use before ordering a > takedown puts judges in the business of "trying to read their minds" and > seems to be an expansion of the 1998 law. > > Universal's lawyer, Kelly Klaus, argued that even brief homemade videos > have a potential commercial effect if they proliferate on a site like > YouTube and that Lenz's posting flies in the face of the 1998 law, which > allows copyright holders to order removal of work believed to be an > infringement. > > Fogel observed, however, that the law is "intended to prevent misuse of > takedown notices." > > The Lenz video can be viewed at links.sfgate.com/ZEGD. > -- http://jaydedman.com 917 371 6790 [Non-text portions of this message have been removed]
