Comments on: Viacom Pulls Clip It Doesn’t Necessarily Own

By: TV Networks’ Casting Call - 80s Style « NewTeeVee

TV Networks’ Casting Call - 80s Style « NewTeeVee — Wed, 12 Sep 2007 18:52:34 +0000

[...] and Emilio Estevez in the school library and blocked the fire exits. Viacom also solves problems by force, and spends much of its time running after high schoolers, almost obsessively. Heck, even [...]

By: Duncan

Duncan — Fri, 31 Aug 2007 12:37:51 +0000

Not a nerd, a legal and rights junkie. This case or one as complex has got to be taken to court. What is the cost of the google adword for “Digiital Rights Representation?”
Imagine the late night ads on TV, right after the auto accident attorney comes a guy,
“Made a video? Had your video appropriated by a giant company?
Call I 800 IP Rights.

Had your content taken down by giant, rich companies who won’t give you your rights?
Video chasing attornies are standing by.
Call 1 800 IP Rights.
Or email we.sue.4U@IPrights.tv

By: Matt_

Matt_ — Fri, 31 Aug 2007 12:12:01 +0000

Viacom are going to get their arses sued one of these days for a frivolous takedown notice as specified in the Copyright Act and DCMA .

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512—-000-.html

(f) Misrepresentations.— Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

By: Frank Sinton

Frank Sinton — Fri, 31 Aug 2007 07:59:10 +0000

Hi Jackson – Great post! I guess I am a nerd too….

This is just as much YouTube’s fault as Viacom’s. Just because you get a takedown request, doesn’t mean you have to take it down – the requestor must prove their claim.