When Larry Lessig used a clip from "Lisztomania" by the French band Phoenix in a lecture, he was pretty sure that it was fair use -- after all, he's written several books on copyright and teaches at Harvard Law. But Liberation Music, who claim the license to the song, had the video of Lessig's lecture removed from YouTube several times, and threatened Lessig with a lawsuit for sending counter-claims asserting that he was in the right. So now, Lessig and the Electronic Frontier Foundation are suing Liberation Music and plan on making some good fair use caselaw. Fair use caselaw is in short supply, because most claims are settled out of court, but I have a feeling this one is going to go all the way.
Earlier this year, Liberation Music, which claims to own the license to the Phoenix song, began the process to block the video through YouTube's copyright infringement system. After the company submitted a DMCA takedown notice, Lessig filed a counter-notice that asserted the clips were fair use. After Liberation Music threatened to sue Lessig, he retracted the notice. But Lessig did not concede this issue. Instead, he enlisted EFF's help to take Liberation Music to court.
"There's a long and sorry history of content owners abusing copyright to take down fair uses, but this one is particularly shocking," said EFF Intellectual Property Director Corynne McSherry. "Based on nothing more than a few clips illustrating Internet creativity, Liberation Music took down an entire lecture by one of the leading experts in the world on copyright and fair use. This kind of abuse has to stop."
Lawrence Lessig Strikes Back Against Bogus Copyright Takedown
One of the music industry’s dumbest, most pernicious talking-points is the “value gap” (AKA the “value recognition right”) which is code for, “Online platforms should employ an army of copyright lawyers to assess everything that users share for copyright compliance.”
In 2011, the Canadian Conservative government rammed through Bill C-11, Canada’s answer to the US Digital Millennium Copyright Act, in which the property rights of Canadians were gutted in order to ensure that corporations could use DRM to control how they used their property — like its US cousin, the Canadian law banned breaking DRM, […]
Ten years ago, a group of engineers and media executives sat down to decide what was, and was not, a real family. The results were predictably terrible.
Maybe it’s entirely because of podcast ads, but drag-and-drop tools like Squarespace have gotten immensely popular in recent years. While it’s definitely a great tool for any non-coders who want to get a small website up and running quickly, managing content with a primarily visual interface can become a pain once you have more than […]
When you can’t wait for the world’s longest meeting to end, the mindless leg bouncing makes your boredom obvious and just annoys everybody else. Everyone knows the TPS reports need the damn cover sheet, but some sadistic colleague keeps forgetting, probably on purpose just to eat into your lunch hour. Enough is enough!While serving a […]
What could be more fun than a slingshot that shoots tiny airplanes? A slingshot that shoots tiny glowing airplanes of course! These toy planes are outfitted with ultra-bright LEDs, so you can fly all night without losing them in the trees.Whether you are a regular-sized child, or an overgrown adult one, these light-up flyers offer […]