Copyright guru claims 'fair use' to fight YouTube takedown notice

A lecture by Lawrence Lessig was pulled down from YouTube for alleged copyright infringement

By , IDG News Service |  IT Management

The EFF on behalf of Lessig has argued that "use of the clips in question, particularly in the context of a public lecture about culture and the Internet, is permitted under the fair use doctrine and, therefore, does not infringe the defendant's copyright." The use of the copyrighted material by Lessig was minimal and for non-commercial purposes and was also transformative as the purpose was no longer entertainment but educational. The lecture video did not cause any market harm as it was "not a market substitute for a sound or video recording of the song 'Lisztomania' and the lecture did not harm any market for the song," according to the complaint.

Liberation Music did not immediately respond to a request for comment. Its automated reply to email states, among other things, that YouTube's Music Match service creates copyright claims automatically based on its copyright ownership. "Unless you're advertising a product or using our music for something we wouldn't reasonably agree to, this automated claim will not have any negative effect on your account !" It adds that if an automatic claim is disputed, it will cause removal of the video.

Lessig has asked the court for a declaration that the publication of the lecture video is protected under the fair use doctrine, and also asked for damages.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join us:
Facebook

Twitter

Pinterest

Tumblr

LinkedIn

Google+

Answers - Powered by ITworld

ITworld Answers helps you solve problems and share expertise. Ask a question or take a crack at answering the new questions below.

Join us:
Facebook

Twitter

Pinterest

Tumblr

LinkedIn

Google+

Ask a Question