Tag Archives: DMCA

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

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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.

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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