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Fair use - Wikipedia us digital millennium copyright act search engine

Second, the photographs had already been published, diminishing the significance of their nature as creative works. Third, although normally making a "full" replication of a copyrighted work may appear to violate copyright, here it was found to be reasonable and necessary in light of the intended use. Lastly, the court found that the market for the original photographs would not be substantially diminished by the creation of the thumbnails. To the contrary, the thumbnail searches could increase the exposure of the originals. In looking at all these factors as a whole, the court found that the thumbnails were fair use and remanded the case to the lower court for trial after issuing a revised opinion on July 7, 2003. The remaining issues were resolved with a default judgment after Arriba Soft had experienced significant financial problems and failed to reach a negotiated settlement.

In August 2008, Judge Jeremy Fogel of the Northern District of California ruled in Lenz v. Universal Music Corp. that copyright holders cannot order a deletion of an online file without determining whether that posting reflected "fair use" of the copyrighted material. The case involved Stephanie Lenz, a writer and editor from Gallitzin, Pennsylvania , who made a home video of her thirteen-month-old son dancing to Prince's song Let's Go Crazy and posted the video on YouTube . Four months later, Universal Music , the owner of the copyright to the song, ordered YouTube to remove the video under the Digital Millennium Copyright Act . Lenz notified YouTube immediately that her video was within the scope of fair use, and she demanded that it be restored. YouTube complied after six weeks, rather than the two weeks required by the Digital Millennium Copyright Act . Lenz then sued Universal Music in California for her legal costs, claiming the music company had acted in bad faith by ordering removal of a video that represented fair use of the song. [30] On appeal, the Court of Appeals for the Ninth Circuit ruled that a copyright owner must affirmatively consider whether the complained of conduct constituted fair use before sending a takedown notice under the Digital Millennium Copyright Act , rather than waiting for the alleged infringer to assert fair use. 801 F.3d 1126 (9th Cir. 2015). "Even if, as Universal urges, fair use is classified as an 'affirmative defense,' we hold—for the purposes of the DMCA—fair use is uniquely situated in copyright law so as to be treated differently than traditional affirmative defenses. We conclude that because 17 U.S.C. § 107 created a type of non-infringing use, fair use is "authorized by the law" and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c)."

In June 2011, Judge Philip Pro of the District of Nevada ruled in Righthaven v. Hoehn that the posting of an entire editorial article from the Las Vegas Review Journal in a comment as part of an online discussion was unarguably fair use. Judge Pro noted that "Noncommercial, nonprofit use is presumptively fair. ... Hoehn posted the Work as part of an online discussion. ... This purpose is consistent with comment, for which 17 U.S.C. § 107 provides fair use protection. ... It is undisputed that Hoehn posted the entire work in his comment on the Website. ... wholesale copying does not preclude a finding of fair use. ... there is no genuine issue of material fact that Hoehn's use of the Work was fair and summary judgment is appropriate." [31] On appeal, the Court of Appeals for the Ninth Circuit ruled that Righthaven did not even have the standing needed to sue Hoehn for copyright infringement in the first place. [32]

Fair use and reverse engineering [ edit ] Main article: Reverse engineering § Legality

There is a substantial body of fair use law regarding reverse engineering of computer software , hardware , network protocols , encryption and access control systems. [33] [34]

Fair use and file sharing [ edit ]

In 2009, fair use appeared as a defense in lawsuits against filesharing . Charles Nesson argued that file-sharing qualifies as fair use in his defense of alleged filesharer Joel Tenenbaum . [35] Kiwi Camara , defending alleged filesharer Jammie Thomas , announced a similar defense. [36] However, the Court in the case at bar rejected the idea that file-sharing is fair use. [37]

Fair use and professional communities [ edit ]

In addition to considering the four fair use factors, courts deciding fair use cases also look to the standards and practices of the professional community where the case comes from. [38] Among the communities are documentarians, [39] librarians, [40] makers of Open Courseware, visual art educators, [41] and communications professors. [42]

Such codes of best practices have permitted communities of practice to make more informed risk assessments in employing fair use in their daily practice. [43] For instance, broadcasters, cablecasters, and distributors typically require filmmakers to obtain errors and omissions insurance before the distributor will take on the film. Such insurance protects against errors and omissions made during the copyright clearance of material in the film. Before the Documentary Filmmakers' Statement of Best Practices in Fair Use was created in 2005, it was nearly impossible to obtain errors and omissions insurance for copyright clearance work that relied in part on fair use. This meant documentarians had either to obtain a license for the material or to cut it from their films. In many cases, it was impossible to license the material because the filmmaker sought to use it in a critical way. Soon after the best practices statement was released, all errors and omissions insurers in the U.S. shifted to begin offering routine fair use coverage. [44]

Fair use and music sampling [ edit ]

Before 1991, sampling in certain genres of music was accepted practice and the copyright considerations were viewed as largely irrelevant. The strict decision against rapper Biz Markie 's appropriation of a Gilbert O'Sullivan song in the case Grand Upright Music, Ltd. v. Warner Bros. Records Inc. [23] changed practices and opinions overnight. Samples now had to be licensed, as long as they rose "to a level of legally cognizable appropriation." [45] This left the door open for the de minimis doctrine, for short or unrecognizable samples; such uses would not rise to the level of copyright infringement, because under the de minimis doctrine, "the law does not care about trifles." However, 3 years later, the Sixth Circuit effectively eliminated the de minimis doctrine in the Bridgeport Music, Inc. v. Dimension Films case, holding that artists must "get a license or do not sample". [46] The Court later clarified that its opinion did not apply to fair use, but between Grand Upright and Bridgeport , practice had effectively shifted to eliminate unlicensed sampling.

Fair use and social media [ edit ]

In May 2015, Richard Prince displayed his art gallery at the Frieze Art Fair. His gallery consisted of screenshots of Instagram users' pictures with Prince's commentary photoshopped below in the comments section. Not one Instagram user authorized Prince to use their pictures, but because Prince added his own commentary, the pictures were considered original artwork. One of the pieces sold for $90,000. Further, the Gagosian Gallery , where the pictures were showcased stated that "All images are subject to copyright." [47]

Fair use and documentary [ edit ]

In April 2006, the filmmakers of the Loose Change series were served with a lawsuit by Jules and Gédéon Naudet over the film's use of their footage, specifically footage of the firefighters discussing the collapse of the World Trade Center . With the help of an intellectual property lawyer, the creators of Loose Change successfully argued that a majority of the footage used was for historical purposes and was significantly transformed in the context of the film. They agreed to remove a few shots that were used as B-roll and served no purpose to the greater discussion. The case was settled and a potential multimillion-dollar lawsuit was avoided.

This Film Is Not Yet Rated also relied on fair use to feature several clips from copyrighted Hollywood productions. The director had originally planned to license these clips from their studio owners but discovered that studio licensing agreements would have prohibited him from using this material to criticize the entertainment industry. This prompted him to invoke the fair use doctrine, which permits limited use of copyrighted material to provide analysis and criticism of published works.

Influence internationally [ edit ]

While U.S. fair use law has been influential in some countries, some countries have fair use criteria drastically different from those in the U.S., and some countries do not have a fair use framework at all. Some countries have the concept of fair dealing instead of fair use, while others use different systems of limitations and exceptions to copyright . Many countries have some reference to an exemption for educational use, though the extent of this exemption varies widely. [48]

Sources differ on whether fair use is fully recognized by countries other than the United States. American University 's published a compilation of portions of over 40 nations' laws that explicitly mention fair use or fair dealing, and asserts that some of the fair dealing laws, such as Canada's, have evolved (such as through judicial precedents) to be quite close to those of the United States. This compilation includes fair use provisions from Bangladesh, Israel, South Korea, the Philippines, Sri Lanka, Taiwan, Uganda, and the United States. [49] However, Paul Geller's 1999 International Copyright Law and Practice says that while some other countries recognize similar exceptions to copyright, only the United States and Israel fully recognize the concept of fair use. [50]

Fair use [ edit ] Israel [ edit ]

In November 2007, the Israeli Knesset passed a new Copyright Law that included a U.S.-style fair use exception. The law, which took effect in May 2008, permits the fair use of copyrighted works for purposes such as private study, research, criticism, review, news reporting, quotation, or instruction or testing by an educational institution. The law sets up four factors, similar to the U.S. fair use factors (see above), for determining whether a use is fair. [51]

On September 2, 2009, the Tel Aviv District court ruled in The Football Association Premier League Ltd. v. Ploni [52] that fair use is a user right. The court also ruled that streaming of live soccer games on the Internet is fair use. In doing so, the court analyzed the four fair use factors adopted in 2007 and cited U.S. case law, including Kelly v. Arriba Soft Corp. and Perfect 10, Inc. v., Inc. . [53]

Poland [ edit ]

Fair use exists in Polish law and is covered by the Polish copyright law articles 23 to 35. [54]

Compared to the United States, Polish fair use distinguishes between private and public use. In Poland, when the use is public, its use risks fines. The defendant must also prove that his use was private when accused that it was not, or that other mitigating circumstances apply. Finally, Polish law treats all cases in which private material was made public as a potential copyright infringement, where fair use can apply, but has to be proven by reasonable circumstances. [55] [56]

South Korea [ edit ]

The Korean Copyright Act was amended to include a fair use provision, Article 35-3, in 2012. The law now states that, "the copyrighted work may be used, among other things, for reporting, criticism, education, and research." [57] Then, the law outlines a four-factor test similar to that used under U.S. law:

In determining whether art. 35-3(1) above applies to a use of copyrighted work, the following factors must be considered: the purpose and character of the use, including whether such use is of a commercial nature or is of a non profit nature; the type or purpose of the copyrighted work; the amount and importance of the portion used in relation to the copyrighted work as a whole; the effect of the use of the copyrighted work upon the current market or the current value of the copyrighte Moncler-Down-Coats/Moncler-Boots-For/phpMyAdmin- moncler sale uk onlined work or on the potential market or the potential value of the copyrighted work. [57]

Fair dealing [ edit ] Main article: Fair dealing

Fair dealing allows specific exceptions to copyright protections. The open-ended concept of fair use is generally not observed in jurisdictions where fair dealing is in place, although this does vary. [49] Fair dealing is established in legislation in Australia, Canada, New Zealand, Singapore, India, South Africa and the United Kingdom, among others. [49]

Australia [ edit ] Main article: History of Fair Use proposals in Australia

While Australian copyright exceptions are based on the Fair Dealing system, Since 1998 a series of Australian government inquiries have examined, and in most cases recommended, the introduction of a "flexible and open" Fair Use system into Australian copyright law. From 1998 to 2017 there have been eight Australian government inquiries which have considered the question of whether fair use should be adopted in Australia. Six reviews have recommended Australia adopt a "Fair Use" model of copyright exceptions: [58] [59] two enquiries specifically into the Copyright Act (1998, 2014); and four broader reviews (both 2004, 2013, 2016). One review (2000) recommended against the introduction of fair use and another (2005) issued no final report. [60] Two of the recommendations were specifically in response to the stricter copyright rules introduced as part of the Australia–United States Free Trade Agreement (AUSFTA), while the most recent two, by the Australian Law Reform Commission (ALRC) and the Productivity Commission (PC) were with reference to strengthening Australia's "digital economy".

Canada [ edit ] Main article: Fair dealing in Canadian copyright law

The Copyright Act of Canada establishes fair dealing in Canada, which allows specific exceptions to copyright protection. In 1985, the Sub-Committee on the Revision of Copyright rejected replacing fair dealing with an open-ended system, and in 1986 the Canadian government agreed that "the present fair dealing provisions should not be replaced by the substantially wider 'fair use' concept". [61] Since then, the Canadian fair dealing exception has broadened. It is now similar in effect to U.S. fair use, even though the frameworks are different. [62]

CCH Canadian Ltd v. Law Society of Upper Canada [2004] 1 S.C.R. 339, 2004 SCC 13 is a landmark Supreme Court of Canada case that establishes the bounds of fair dealing in Canadian copyright law . The Law Society of Upper Canada was sued for copyright infringement for providing photocopy services to researchers. The Court unanimously held that the Law Society's practice fell within the bounds of fair dealing.

United Kingdom [ edit ] Main article: Fair dealing in United Kingdom law

Policy arguments about fair use [ edit ]

The economic benefit of fair use [ edit ]

A balanced copyright law provides an economic benefit to many high-tech businesses such as search engines and software developers. Fair use is also crucial to non-technology industries such as insurance, legal services, and newspaper publishers. [63] On September 12, 2007, the Computer and Communications Industry Association (CCIA), [63] a group representing companies including Google Inc., Microsoft Inc., [64] Oracle Corporation , Sun Microsystems , Yahoo! [65] and other high-tech companies, released a study that found that fair use exceptions to US copyright laws were responsible for more than $4.5 trillion in annual revenue for the United States economy representing one-sixth of the total US GDP . [63] The study was conducted using a methodology developed by the World Intellectual Property Organization . [63] The study found that fair use dependent industries are directly responsible for more than eighteen percent of US economic growth and nearly eleven million American jobs. [63] "As the United States economy becomes increasingly knowledge-based, the concept of fair use can no longer be discussed and legislated in the abstract. It is the very foundation of the digital age and a cornerstone of our economy," said Ed Black, President and CEO of CCIA. [63] "Much of the unprecedented economic growth of the past ten years can actually be credited to the doctrine of fair use, as the Internet itself depends on the ability to use content in a limited and unlicensed manner." [63]

Fair Use Week [ edit ]

Fair Use Week is an international event that celebrates fair use and fair dealing. [66] Fair Use Week was first proposed on a Fair Use Allies listserv, which was an outgrowth of the Library Code of Best Practices Capstone Event, celebrating the development and promulgation of ARL 's Code of Best Practices in Fair Use for Academic and Research Libraries . While the idea was not taken up nationally, Kyle K. Courtney , Copyright Advisor at Harvard University , launched the first ever Fair Use Week at Harvard University in February 2014, with a full week of activities celebrating fair use. The first Fair Use Week included blog posts from national and international fair use experts, live fair use panels, fair use workshops, and a Fair Use Stories Tumblr blog, [67] where people from the world of art, music, film, and academia shared stories about the importance of fair use to their community. [68] The first Fair Use Week was so successful that in 2015 ARL teamed up with Courtney and helped organize the Second Annual Fair Use Week, with participation from many more institutions. [69] ARL also launched an official Fair Use Week website, which was transferred from Pia Hunter , who attended the Library Code of Best Practices Capstone Event and had originally purchased the domain name [66]

See also [ edit ]

Abandonware Berne three-step test Copyright limitations, exceptions, and defenses in the U.S. Copyfraud Creative Commons Derivative work Fair use (U.S. trademark law) Scènes à faire doctrine TEACH Act , an additional law for educational and governmental institutions that provides some additional copyright exceptions

References [ edit ]

^ a b Folsom v. Marsh , 9 F. Cas. 342 , No. 4901 (C.C.D. Mass. 1841). ^ Lenz v. Universal Music Corp. , 801 F.3d 1126, 1133 (9th Cir. 2015). ^ Gyles v Wilcox , 3 Atk 143;26 ER 489 (Court of Chancery (England) 1740). ^ "17 U.S. Code § 107 - Limitations on exclusive rights: Fair use" . Legal Information Institute . Cornell University Law School . Retrieved November 16, 2015 .   ^ Patterson, L. Ray (1998-04-01). "Folsom v. Marsh and Its Legacy" (PDF) . Journal of Intellectual Property Law . 5 (2): 431–452 . Retrieved 2011-03-06 .   ^ a b c d Leval, Pierre N. (1990). "Toward a Fair Use Standard". Harvard Law Review . 103 (5): 1105–1136. doi : 10.2307/1341457 . JSTOR   1341457 .   ^ a b c d Campbell v. Acuff-Rose Music, Inc. , 510 U.S. 569 (1994) ^ a b c Samuelson, Pamela (2009). "Unbundling Fair Uses" (PDF) . Fordham Law Review . 77 . Retrieved November 18, 2015 .   ^ Blanch v. Koons , 467 F.3d 244 (2d Cir. 2006-10-26). ^ a b Aufderheide, Patricia; Jaszi, Peter (2011). "Appendix D: Myths and Realities About Fair Use". Reclaiming Fair Use: How to Put Balance Back in Copyright . Chicago: University of Chicago Press.   ^ "If you publish Georgia's state laws, you'll get sued for copyright and lose" . Ars Technica . Retrieved March 30, 2017 .   ^ Campbell v. Acuff-Rose Music, Inc. , 510 U.S. 569 , 584 (1994). ^ Warner Bros. and J. K. Rowling v. RDR Books , 575 F. Supp. 2d 513 (S.D.N.Y. 2008) ^ 293 F. Supp. 130 (S.D.N.Y. 1968) ^ Salinger v. Random House, Inc. , 811 F.2d 90 (2d Cir. 1987). ^ New Era Publications Int'l v. Henry Holt & Co , 695 F. Supp. 1493 ( S.D.N.Y. 1988) ^ a b Harper & Row v. Nation Enterprises , 471 U.S. 539 (1985) ^ Sony Corp. of America v. Universal City Studios, Inc. , 464 U.S. 417, 451 (1984) ^ Video Pipeline v. Buena Vista , 342 F.3d 191 (3d Cir. 2000-09-19). ^ Princeton University Press v. Michigan Document Services , 99 F.3d 1381 (6th Cir. 1996). ^ See USC October 17, 1008 , amended by the Audio Home Recording Act . ^ Wall Data v. Los Angeles County Sheriff's Dept (9th Cir. May 17, 2006) ( PDF at Ninth Circuit). ^ a b Grand Upright Music, Ltd. v. Warner Bros. Records Inc. , 780 F. Supp. 182 (S.D.N.Y. 1991). ^ Rosati, Eleonora (November 17, 2013). "A Closer Look at the Google Books Library Project Decision" . The IPKAT . Retrieved November 15, 2014 .   ^ "Google's Fair Use Victory" . Law Down Under . Retrieved November 16, 2015 .   ^ Authors Guild, Inc. v. HathiTrust , 902 F.Supp.2d 445 (S.D.N.Y. 2012-10-10). ^ Anderson, Rick (July 21, 2014). "The Authors Guild Loses (Again), and HathiTrust Wins–But What Does It Mean?" . the scholarly kitchen . Retrieved November 15, 2014 .   ^ Mattel Inc v. Walking Mountain Productions , 353 F.3d 792 (9th Cir. Dec 29, 2003). ^ Rogers v. Koons , 960 F.2d 301 (2d Cir. Apr 2, 1992). ^ Egelko, Bob (August 21, 2008). "Woman can sue over YouTube clip de-posting" . San Francisco Chronicle . Retrieved 2015-11-16 .   ^ "Righthaven v. Hoehn (District Court of Nevada)" (PDF) . June 20, 2011 . Retrieved 2016-04-02 .   ^ "Righthaven v. Hoehn (9th Circuit)" . May 9, 2013 . Retrieved 2016-04-02 .   ^ Wikibooks:Reverse Engineering/Legal Aspects ^ "Coders' Rights Project Reverse Engineering FAQ" . Electronic Frontier Foundation . Retrieved November 16, 2015 .   ^ Anderson, Nate (2009-05-18). "Harvard prof tells judge that P2P filesharing is "fair use " " . Ars Technica . Retrieved 2009-06-16 .   ^ Anderson, Nate (2009-05-22). "Lawyer: RIAA must pay back all "$100M+" it has allegedly collected" . Ars Technica . Retrieved 2009-06-16 .   ^ Engle, Eric (2009-10-17). "Sony BMG Music Entertainment et al. v. Tannenbaum" . Harvard Journal of Law and Technology . Retrieved 2009-06-16 .   ^ Madison, Michael J. (2004). "A Pattern-Oriented Approach to Fair Use" (PDF) . William and Mary Law Review . 45 . Retrieved November 16, 2015 .   ^ "Documentary Filmmakers' Statement of Best Practices in Fair Use" . Center for Media & Social Impact . Retrieved 2015-11-18 .   ^ "Code of Best Practices in Fair Use" . Association of Research Libraries . Retrieved 2015-11-18 .   ^ "Statement on the Fair Use of Images for Teaching, Research, and Study" (PDF) . Visual Resources Association . Retrieved 2015-11-18 .   ^ The International Communication Association. "Code of Best Practices in Fair Use for Scholarly Research in Communication" . Center for Media and Social Impact . Archived from the original on 2015-11-16 . Retrieved November 16, 2015 .   ^ "Success of Fair Use Consensus Documents" . Center for Social Media . Retrieved 2013-09-02 .   ^ Aufderheide, Patricia; Jaszi, Peter (2011). Reclaiming Fair Use: How to Put Balance Back in Copyright . Chicago: University of Chicago Press. ISBN   9780226032283 .   ^ Bridgeport Music, Inc. v. Dimension Films , 230 F.Supp.2d, 841. ^ Bridgeport Music, Inc. v. Dimension Films , 383 F.3d 390 , 398 (6th Cir. 2004). ^ Sola, Katie (May 27, 2015). "Artist Richard Prince Sells Instagram Photos That Aren't His For $90K" . The Huffington Post .   ^ "International exemptions for education with links to relevant laws" . 2009-05-25 . Retrieved 2009-06-16 .   ^ a b c Band, Jonathan; Gerafi, Jonathan. "The Fair Use/Fair Dealing Handbook" (PDF) . . American University Program on Information Justice and Intellectual Property.   ^ Geller, Paul. "International Copyright Law and Practice" (2009 ed.). Matthew Bender & Co Inc.   ^ Band, Jonathan (2008-03-26). "Israel now has the right copyright law" . The Jerusalem Post . Archived from the original on 2012-01-28 . Retrieved November 16, 2015 .   ^ "The Football Association Premier League Ltd. v. Ploni and others" . Archived from the original on 2010-01-14 . Retrieved November 16, 2015 .   ^ Lichtenstein, Yoram. "Israeli Judge Permits Unlicensed Sports Event Streaming—FAPL v. Ploni (Guest Blog Post)" . Technology and Marketing Law Blog . Retrieved November 16, 2015 .   ^ "Dz.U.2016.666 t.j. -" . Retrieved December 30, 2016 .   ^ (April 23, 2016). "Prawo cytatu - czym jest, jak stosować, co się zmieniło w 2016?" . Retrieved December 30, 2016 .   ^ "Kiedy możemy korzystać z prawa cytatu?" . December 1, 2013 . Retrieved December 30, 2016 .   ^ a b Ben (2013-02-23). "How will South Korea Implement fair use?" . The 1709 Blog . Retrieved 18 November 2015 .   ^ Martin, Peter (2016-12-15). "Our copyright laws are holding us back, and there's a way out" . The Sydney Morning Herald . Archived from the original on 2016-12-14 . Retrieved 2017-02-06 .   ^ "Productivity Commission Draft IP Report - the breakdown" . Australian Digital Alliance . June 16, 2016 . Retrieved March 7, 2017 .   ^ "Reviews that have considered fair use" . . Australian Law Reform Commission . 2013-06-04 . Retrieved 2017-03-08 .   ^ Magazines Canada (2009-09-15). "Why Canada Should Not Adopt Fair Use: A Joint Submission to the Copyright Consultations" (PDF) . Retrieved November 16, 2015 .   ^ Masnick, Mike (2015-05-28). "Book Publishers Whine To USTR That It's Just Not Fair That Canada Recognizes Fair Dealing For Educational Purposes" . Tech Dirt . Retrieved November 16, 2015 .   ^ a b c d e f g "Computer and Communications Industry Association. "Fair Use Economy Represents One-Sixth of US GDP". September 12, 2007" . September 12, 2007. Archived from the original on April 15, 2008 . Retrieved June 16, 2009 .   ^ McBride, Sarah; Thompson, Adam (2007-08-01). "Google, Others Contest Copyright Warnings" . Wall Street Journal . Retrieved 2015-11-16 .   ^ "Computer and Communications Industry Association. "CCIA Members. " " . Archived from the original on March 31, 2008 . Retrieved June 16, 2009 .   ^ a b "About" . Fair Use Week . Retrieved November 18, 2015 .   ^ "Fair Use Week 2015" . Retrieved November 16, 2015 .   ^ Courtney, Kyle K. "About Fair Use Week" . Copyright at Harvard Library . Retrieved November 18, 2015 .   ^ Clobridge, Abby. "Every Week Is Fair Use Week" . Information Today . Retrieved December 29, 2016 .  

Further reading [ edit ]

Depoorter, Ben; Parisi, Francesco (2002). "Fair Use and Copyright Protection: A Price Theory Explanation" (PDF) . International Review of Law and Economics . 21 (4): 453–473. doi : 10.1016/S0144-8188(01)00071-0 .   Gordon, Wendy J. (1982). "Fair Use as Market Failure: A Structural and Economic Analysis of the 'Betamax' Case and Its Predecessors".
us digital millennium copyright act search engine

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moncler shoes mens Google Copyright-Removal Requests Doubled in Q1 as Piracy Fight Balloons Todd Spangler NY Digital Editor @xpangler Share This Article LinkedIn Email Print Talk Variety March 29, 2016 | 10:29AM PT MPAA, RIAA say surge underscores need to reform Digital Millennium Copyright Act

Google received requests to scrub 213 million links from its search engine in the first 12 weeks of 2016 because of copyright infringement, a Variety analysis of the company’s data shows — an increase of 125% compared with the same period last year.

The search giant allows copyright holders to ask Google to omit Web addresses with allegedly infringing content, under the Digital Millennium Copyright Act , and the company has published data on the process since 2012.

The surge in copyright-removal requests doesn’t necessarily mean piracy is on the rise. Rather, new automated tools for finding infringing URLs and submitting them to Google are likely behind the increase, while at the same time more players across the globe are more actively trolling the Internet for pirates, according to ABI Research analyst Sam Rosen.

“Copyright-prevention services are becoming more a mainstream part of doing business,” Rosen said. Hollywood studios and major record labels were early adopters of DMCA takedown requests, and today that’s grown to include parties such as international music licensing organizations and labels, he said.

Still, whatever the reasons for the spike, both the MPAA and Recording Industry Assn. of America say the numbers show that the DMCA is not a tenable solution to combating Internet piracy.

“The large volume of removal requests cited in Google’s Transparency Report clearly illustrates the magnitude of the piracy problem and the ineffectiveness of the ‘notice and take down’ system,” said Chris Ortman, MPAA VP of corporate communications. “If this system were working, the numbers would be going down — not up.”

The data highlights the fact that DMCA “is fundamentally broken and needs to be updated to reflect the modern Internet age,” added Cara Duckworth Weiblinger, RIAA’s VP of communications. “For content creators everywhere who must work tirelessly to keep illegal copies of their work off the Internet, there must be a better way.”

Google declined to comment. In 2014, the company said it updated its search algorithms to more effectively demote sites that have received a large number of DMCA takedown notices. But critics say the steps haven’t gone far enough.

“This endless game of Whac-a-Mole puts a tremendous burden on content creators – forcing them to divert time, energy and resources away from developing creative works,” said the MPAA’s Ortman. “We urge Google to apply its technological expertise in pursuit of more meaningful solutions to the problem.”

The U.S. Copyright Office is currently soliciting public input  as part of evaluating the effectiveness of the safe-harbor provisions of the DMCA, with a deadline for initial comments of Friday, April 1.

Movie studios and TV networks are among the largest users of Google’s DMCA system for search. In the past year, Fox has submitted 13.8 million URL removal requests to the search provider, HBO 10.1 million, Paramount Pictures 8.8 million, Disney 8.2 million, CBS 8.0 million, NBCUniversal 6.3 million and Lionsgate 6.2 million, according to Google’s data. RIAA member companies have submitted about 10 million removal requests in the last 12 months.

Google’s Transparency Report covers only requests for its search engine, excluding DMCA takedown requests for YouTube and other services.

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It is our policy to respond to clear notices of alleged copyright infringement. The following describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Gogetspace as straightforward as possible. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them at the U.S. Copyright Office Web Site, (the text of which can be found at the U.S. Copyright Office Web Site, before sending your claim but we will respond to notices of this form from other jurisdictions as well.

Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site so that they may make a counter notification if desired. Once a counter notification has been filed, we may reinstate the content in question within 10-14 business days and promptly provide the person who filed the original notification with a copy of the counter notification, unless the designated agent first receives notice that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity.

Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys' fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.

Infringement Notification

To file an infringement notice with us, you must provide a written communication to us by mail with the specified information below:

The name, address, and physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed material. Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing along with its location in sufficient detail. A statement by the complaining party that it has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement as to the accuracy of the notice, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Counter Notification To file a counter notification, you must provide a written communication to us by fax or mail with the specified information below. The subscriber's’ name, address, telephone number and physical or electronic signature. Identification of the specific material and its location before it was removed or disabled. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled by mistake or misidentification. Consent to the jurisdiction of the subscriber's local US Federal District Court, or, if outside the US, the US Federal Court jurisdiction where the service provider is found, and that they will accept service of process from the person or an agent for the person who provided the notification.

If via postal mail send the written communication to the following address:

Last Update : 20th Sep 2015