When it comes to intellectual property law, the Digital Millennium Copy Right Act (DMCA) protects owners of a copyright online and allows them to demand a site take down user generated content that violates a copyright. If they refuse to do so, they can face hefty fines and lawsuits.
Stepping up in a move to help creators under the fair use clause, Google has stated that it will help defend against abuse of the DMCA. Google, who is YouTube’s parent company, will also feature such cases in a special section of their website. Such videos will showcase strong examples of fair use.
The DMCA is frequently abused by people who have no legal authority to demand that such videos be taken down. If a work is subject to fair use, creators can file an appeal, but doing so is a complex process and can open creators up to more penalties. Simply agreeing to take the video down is often the easier option.
Even though the DMCA went into effect 17 years ago, it is only recently that large web firms have put their clout behind defending users against malicious or over-reaching take-down notices. YouTube hopes that its selection of videos can help users become familiar with what fair use looks like.
Videos flagged by the company for use in their fair use section include a film done by a UFO skeptic who debunks alien visitation films; one by a British gaming journalist who is critiquing trailers for video games; and another video in which members of the Ohio legislature asked “inappropriate questions” of two sixth graders. These videos have since been restored in the US, but not in other countries.
If you have an intellectual property you believe has been infringed upon, such as a copyright, patent, or trademark, contact the offices of Greenberg & Lieberman, LLC. Our attorneys specialize in Intellectual Property Law.
