DCMA Takedown Of San Francisco TV Station’s Embarrassing Footage.

The Digital Millennium Copyright Act (DCMA) exempts certain online service providers from liability for copyright infringing acts by its users, provided that certain conditions are satisfied. It can also be a powerful tool to remove infringing content from the Internet.  Online service providers must remove user-generated content at the content owners request or face significant monetary penalties.

In an unusual move, a San Francisco television station used a DCMA takedown notice for a unique reason:  to remove embarrassing footage from the Internet.  Shortly after the crash of Asiana flight 214, a KTVU anchor unintentionally read fake (and racially insensitive) names of the pilots involved in the crash on the air. An intern with the National Transportation Safety Board erroneously confirmed the names to the station.

The television station relied on copyright law to serve double duty.  After publicly apologizing for the gaff, KTVU vowed to remove the online versions of the broadcast. “The accidental mistake we made was insensitive and offensive. By now, most people have seen it. At this point, continuing to show the video is also insensitive and offensive, especially to the many in our Asian community who were offended. Consistent with our apology, we are carrying through on our responsibility to minimize the thoughtless repetition of the video by others,” said the station’s general manager and vice president, Tom Raponi.

How Can I Help?

As this case highlights, IP protections can provide a range of benefits. To find out more about protecting your IP rights online, I encourage you to contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

A Puppet Show With A Purpose.

As the world’s largest video-sharing service, YouTube(r) faces a daily battle of keeping infringing content off its website. The site uses a variety of tools to educate users about what is permissible under copyright law and recently added puppets to the mix.

Under the Digital Millennium Copyright Act (DMCA), YouTube cannot be held liable for the copyright violations of its users, so long as it promptly removes the content upon receiving a takedown notice from a rights holder. However, it is still in the company’s best interests to develop ways to combat copyright infringement.

For example, users who are subject to a valid removal request receive a “strike” against their account. Receiving a copyright strike can result in limited access to certain YouTube Features and requires users to complete YouTube’s Copyright School. If a user receives three copyright strikes, the account is suspended and all the videos uploaded are removed.

In addition to the standard procedures under the DCMA, YouTube uses video fingerprinting technology, called Content ID. It allows rights holders to identify user-uploaded videos comprised entirely or partially of their content. In addition, the program allows the rights holder to inform YouTube in advance what they want to happen when those videos are found. Options include monetizing the videos, collecting statistics, and blocking them from YouTube altogether.

The latest addition is a video, entitled “YouTube Copyright Basics.” It features puppets named Mario and Fafa from the site’s Glove and Boots channel. With the help of a copyright attorney, they explain topics including copyright basics, the process for filing a copyright complaint, content ID takedowns, and fair use.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Share Your Videos Online And Not Be Liable for Copyright Infringement (in some cases)

California’s Ninth Circuit recently ruled that Veoh, an online video-sharing site, is not liable for any copyright infringing content posted by its users. Specifically, the Court found that the company’s efforts to combat infringement warrant protection under the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA).

Just The Facts Ma’am

Universal Music Group (UMG) filed a lawsuit against Veoh for secondary copyright infringement for songs UMG holds the copyright.  UMG alleged that Veoh had not done enough to prevent users from uploading infringing music videos. It also sought to hold Veoh’s three top investors liable for the infringements.

Veoh had attempted to eliminate infringing material, before the lawsuit was filed, from its site by applying an “Audible Magic filter” to all new uploads. The court’s decision notes that Veoh removed some “60,000 videos, including some incorporating UMG’s works,” using the filter. In addition, it “implemented a policy for terminating users who repeatedly upload infringing material, and has terminated thousands of user accounts,” according to the ruling.

Because of Veoh’s actions, U.S. District Judge A. Howard Matz, of California’s Central District, dismissed the investor defendants and granted Veoh summary judgment on all of UMG’s claims. He found that Veoh was not liable under the “safe harbor” provision of DMCA because the videos were stored on the site by users. The judge further noted that Veoh had also made a good-faith effort to monitor the user content.

The Decision

The Ninth Circuit agreed. The court rejected UMG’s argument that Veoh had not done enough to prevent users from posting infringing content.

“Although Congress was aware that the services provided by companies like Veoh are capable of being misused to facilitate copyright infringement, it was loath to permit the specter of liability to chill innovation that could also serve substantial socially beneficial functions,” Judge Raymond Fisher noted in the opinion.

“The evidence demonstrates that Veoh promptly removed infringing material when it became aware of specific instances of infringement,” he added. “Although the parties agree, in retrospect, that at times there was infringing material available on Veoh’s services, the DMCA recognizes that service providers who are not able to locate and remove infringing materials they do not specifically know of should not suffer the loss of safe harbor protection.”

Source: Courthousenews.com

How I Can Help

If you need to copyright a video, have received a take down notice, or know someone that can use my help, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.  You can also connect with me on Google +.

– Ex astris, scientia –