VIEWS: 181 PAGES: 19 CATEGORY: Copyright POSTED ON: 10/6/2010
Posted with permission of CDT. I assume CDT asserts tradition Copyright so I suggest, other than fair use, if you wish to make further use of the report you contact CDT.
This report focuses on fair use under the copyright act, and misuse of the DMCA (Digital Millennium Copyright Act) largely by traditional media outlets as those outlets send UGC (user generated content) sites, such as YouTube, DMCA notification and takedown demand notices in relation to political campaign ads.
"This report documents the extent to which overly aggressive copyright claims under the Digital
Millennium Copyright Act have inappropriately stifled political speech on the Internet during
recent campaign cycles. Broadcasters, concerned about the reuse of their news and public
affairs footage in political advocacy, sometimes turn to the mechanisms created by the DMCA
to force the removal of online political ads that contain such footage. Yet the incorporation of
brief clips of news footage into campaign ads is highly likely to be fair use and thus noninfringing
under copyright law. This report, drawing on publicly reported incidents and private
interviews with campaign professionals, examines the problem of broadcasters and other news
organizations abusing copyright enforcement tools in ways that impair lawful online speech by
political candidates. It is CDTʼs hope that greater public exposure of and attention to this
problem will discourage such abuse in the future."
Posted with permission of CDT. I assume CDT asserts tradition Copyright so I suggest, other than fair use, if you wish to make further use of the report you contact CDT. This report focuses on fair use under the copyright act, and misuse of the DMCA (Digital Millennium Copyright Act) largely by traditional media outlets as those outlets send UGC (user generated content) sites, such as YouTube, DMCA notification and takedown demand notices in relation to political campaign ads. "This report documents the extent to which overly aggressive copyright claims under the Digital Millennium Copyright Act have inappropriately stifled political speech on the Internet during recent campaign cycles. Broadcasters, concerned about the reuse of their news and public affairs footage in political advocacy, sometimes turn to the mechanisms created by the DMCA to force the removal of online political ads that contain such footage. Yet the incorporation of brief clips of news footage into campaign ads is highly likely to be fair use and thus noninfringing under copyright law. This report, drawing on publicly reported incidents and private interviews with campaign professionals, examines the problem of broadcasters and other news organizations abusing copyright enforcement tools in ways that impair lawful online speech by political candidates. It is CDTʼs hope that greater public exposure of and attention to this problem will discourage such abuse in the future."
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"CAMPAIGN TAKEDOWN TROUBLES: HOW MERITLESS COPYRIGHT CLAIMS THREATEN ONLINE POLITICAL SPEECH"Please download to view full document