[A2k] Wendy Seltzer Gets a DMCA Takedown Notice

[Seth Johnson]

I can't decide which part of this is most silly.

I'll just call out the complete idiocy of the actual "terms" of
the Superbowl copyright notice clip Wendy Seltzer posted online.
If this conception represents the assumptions presently at play,
what can we expect under the Xcaster's Treaty?

But also of note is the fact that she is herself the steward of
the Chilling Effects project, a copyright lawyer and teacher,
recently with EFF on the West Coast, and general all-around
information freedom great one.  Hope you've got a thick coat this
winter, Wendy!  :-)


Seth
> http://wendy.seltzer.org/blog/archives/2007/02/08/my_first_youtube_super_bowl_highlights_or_lowlights.html
> http://wendy.seltzer.org/blog/archives/2007/02/13/my_first_dmca_takedown.html

---

> http://wendy.seltzer.org/blog/archives/2007/02/08/my_first_youtube_super_bowl_highlights_or_lowlights.html

February 08, 2007


My First YouTube: Super Bowl Highlights or Lowlights


I snipped the copyright warning out of the weekend's Super Bowl
broadcast as an example for my copyright class of how far
copyright claimants exaggerate their rights.

    This telecast is copyrighted by the NFL for the private use
of our audience. Any other use of this telecast or of any
pictures, descriptions, or accounts of the game without the NFL's
consent, is prohibited.

Let's see whether the video
(http://www.youtube.com/watch?v=a4uC2H10uIo), clear fair use,
gets flagged by a copyright bot.

---

> http://wendy.seltzer.org/blog/archives/2007/02/13/my_first_dmca_takedown.html

February 13, 2007
My First DMCA Takedown

That didn't take long. On Feb. 8, I posted to YouTube a clip
taken from the Super Bowl: not the football, but the copyright
warning the NFL stuck into the middle of it, wherein they tell
you it's forbidden even to share "accounts of the game" without
the NFL's consent.

Their copyright bot didn't seem to see the fair use in my
educational excerpt, so YouTube just sent me their boilerplate
takedown. Time to break out that DMCA counter-notification.

-------- Original Message --------
Subject: Video Removed: Copyright Infringement
Date: Tue, 13 Feb 2007 15:43:24 -0800 (PST)
From: DMCA Complaints
To: peppercornconsider

Dear Member:

This is to notify you that we have removed or disabled access to
the following  material as a result of a third-party notification
by National Football League claiming  that this material is
infringing:

Super Bowl Highlights:
(http://www.youtube.com/watch?v=a4uC2H10uIo)

Please Note: Repeat incidents of copyright infringement will
result in the deletion of  your account and all videos uploaded
to that account. In order to avoid future  strikes against your
account, please delete any videos to which you do not own the
rights, and  refrain from uploading additional videos that
infringe on the copyrights  of others. For more information about
YouTube's copyright policy, please read the  "Copyright Tips"
guide: http://www.youtube.com/t/howto_copyright.

If you elect to send us a counter notice, to be effective it must
be a written  communication provided to our designated agent that
includes substantially the  following (please consult your legal
counsel or see 17 U.S.C. Section 512(g)(3) to  confirm these
requirements):

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to
which access has been  disabled and the location at which the
material appeared before it was removed or  access to it was
disabled.

(C) A statement under penalty of perjury that the subscriber has
a good faith belief  that the material was removed or disabled as
a result of mistake or misidentification  of the material to be
removed or disabled.

(D) The subscriber's name, address, and telephone number, and a
statement that  the subscriber consents to the jurisdiction of
Federal District Court for the judicial  district in which the
address is located, or if the subscriber's address is outside of
the United States, for any judicial district in which the service
provider may be  found, and that the subscriber will accept
service of process from the person who  provided notification
under subsection (c)(1)(C) or an agent of such person.


Such written notice should be sent to our designated agent as
follows:

DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA  94066
Email: copyright@youtube.com

Please note that under Section 512(f) of the Copyright Act, any
person who  knowingly materially misrepresents that material or
activity was removed or disabled  by mistake or misidentification
may be subject to liability.

Sincerely,
YouTube, Inc.