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[News] The Copyright Cartel Attacks Fair Use

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update on Warner Music (UPDATED) (AGAIN)

,----[ Quote ]
| Received a notice that Warner Music had objected to its being posted on 
| copyright grounds. Apparently, YouTube's content-ID algorithm had found music 
| in the video that they claimed ownership to. The organization is apparently 
| responding by disputing the claim. I'll report back when I hear more.   


YouTube Restores A Fair Use

,----[ Quote ]
| Here's what's different about this takedown: NOM's lawyer asked YouTube to 
| restore the video immediately, rather than keeping it off-line for the 
| standard 10-14 business day counternotice period. And YouTube, after doing 
| its own fair use analysis, agreed and obliged.   


No Musicians Have Ever Been Guaranteed To Make Money Selling Music

,----[ Quote ]
| Every musician has numerous business models at his or her disposal to get 
| fair compensation for their work. There's no need for Congress to get 
| involved. What Ratner seems to be saying is that her musicians don't want 
| fair compensation -- they want guaranteed, gov't-backed compensation. In 
| other words, she seems to think the government should be providing welfare 
| for musicians. If that's what you believe, then fine, defend why musicians 
| deserve welfare. But don't claim that musicians have ever been "guaranteed" 
| compensation.       



CNN makes copyright claim on video critical of reporter's 'Tea Party'
interviews; a clear case of fair use?

,----[ Quote ]
| CNN has sent YouTube a DMCA takedown notice on a video critical of a CNN
| reporter for her coverage of a "Tea Party" protest -- a video that appears to
| be a clear case of a non-infringing fair use.


CNN Follows Fox News In Using DMCA To Take Down Fair Use Videos

,----[ Quote ]
| The "liberal" CNN has filed a DMCA notice to have video taken down that was
| being used by a conservative blog for commentary purposes -- again, almost
| certainly fair use. Also, it sounds like some of the video footage that CNN
| demanded be taken down wasn't even filmed by CNN, suggesting they don't hold
| the copyright on it.


Shepard Fairey Challenges AP Copyright by Jonathan Hunter

,----[ Quote ]
| By all accounts, President Barack Obama’s road to the Oval Office was one
| replete with firsts. For example, the 2008 presidential campaign marked the
| first time many had heard of Los Angeles street artist Shepard Fairey.
| Fairey’s stylized poster of Obama—which bears the Obama campaign
| watchword, "hope"— became a symbol of Obama’s candidacy among many
| supporters. Now that image has landed Fairey in a legal battle with the
| Associated Press, which claims that Fairey’s poster infringes on its
| copyright to a 2006 photograph. On Feb. 9th of this year, Fairey fired back,
| seeking a declaratory judgment that his poster of Obama does not infringe on
| any AP copyrights.


Using The DMCA To Stop Patients From Rating Their Doctors

,----[ Quote ]
| Of course, it does bring up a few interesting points of discussion. First, is
| that the main purpose of using copyright here is so that the doctors can make
| use of the DMCA's notice-and-takedown safe harbor provisions, rather than be
| stymied by the similar (but not quite the same) CDA section 230 safe harbors
| for things like defamation.


AP Attempts to Shut Bloggers Out

,----[ Quote ]
| For a while now, the AP has had been fighting this insane war against
| bloggers who quote and use snippets of their articles in blog posts. About a
| year or so ago the AP decided they would try to charge bloggers and other
| sites $2.50 cents per word and threatened to sue anyone who did not comply
| with their dumb “copyright” scheme. The latest bright idea down at
| Dinosaurs ‘R Us is to try to create a copyrighted search engine like system
| for copyrighted works in order to some how track what is out there.


Court: Congress can't put public domain back into copyright

,----[ Quote ]
| A federal court ruled on Friday that Congress overstepped its authority back
| in 1994 when it put some public domain foreign works back under copyright
| protection. Such a move changes the "traditional contours of copyright" in
| the US, even if done to bring the country in line with its treaty
| obligations.


AP Gets It Wrong Again: Wants To Restrict Certain Reports To 500 Words

,----[ Quote ]
| It's not difficult to see what's going on here. The AP is trying to be
| more "bloggy." Shorter, more attention grabbing pieces? Apparently, it's
| decided that people online only want to read the quick hits on salacious
| stories. Of course, despite what some may
| think, that's not really true.


What's Fair Use, Anyway? AP Has a Thought, and So Do I

,----[ Quote ]
| Now that AP has purported to establish fair use guidelines that would make 5
| words licensable as not fair use, I thought I'd explain a bit about fair
| use and about why Groklaw no longer will link to or quote from any AP
| articles. I've seen reports that AP has backed off in some not quite
| clear-to-me way, but I notice their list of fees remains online.
| [...]
| And that is why Groklaw no longer will quote from or link to AP, and I'd ask
| you not to do so in your comments either. I can't pay $50 a pop, and I don't
| like being sued, even though I'm positive the 5 words guideline would fail. I
| think you've seen how horrible litigation really is, from watching the SCO
| saga, so do go along with this decision, please. Nothing AP has is worth this
| kind of hassle.


The Cost of Excerpting the AP

,----[ Quote ]
| It's priced by the word, and using a 5- to 25-word excerpt costs $12.50 with
| a 251-word or longer excerpt costing a ridiculous $100.
| This ordeal reminds me a lot of the fight against piracy. No matter how much
| the AP tries, it will never be able to curtail the entire blogosphere, just
| as the RIAA will never be able to completely eliminate piracy. The big
| question remains: Will the AP's reputation begin to resemble that of the


Associated Press expects you to pay to license 5-word quotations (and reserves
the right to terminate your license)

,----[ Quote ]
| In the name of "defin[ing] clear standards as to how much of its articles and
| broadcasts bloggers and Web sites can excerpt" the Associated Press is now
| selling "quotation licenses" that allow bloggers, journallers, and people who
| forward quotations from articles to co-workers to quote their articles. The
| licenses start at $12.50 for quotations of 5-25 words. The licensing system
| exhorts you to snitch on people who publish without paying the blood-money,
| offering up to $1 million in reward money (they also think that "fair use" --
| the right to copy without permission -- means "Contact the owner of the work
| to be sure you are covered under fair use.").

Version: GnuPG v1.4.9 (GNU/Linux)


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