http://tacticalip.com/2009/10/23/dmca-takedown-notices-must-consider-fair-use/ Tactically Relevant. Patently Entertaining. Wed, 08 Feb 2012 13:19:44 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://tacticalip.com/2009/10/23/dmca-takedown-notices-must-consider-fair-use/#comment-160 IOC Uses DMCA to Suppress Luge Accident Video | TacticalIP.com Wed, 17 Feb 2010 14:45:33 +0000 http://tacticalip.com/?p=279#comment-160 [...] Even where all of this is true, U.S. copyright law was not implemented to choke off the flow of facts and news reporting.  In fact, § 107 of the Copyright Act specifically limits a copyright owner’s rights in these kinds of situations.  The IOC cannot use DMCA takedown notices to silence the speech it does not like.  In fact, sending those notices may end up costing the IOC, unless they can successfully make the case that they considered whether use of the clips could be fair use before making their demands.  Just ask the artist currently known as Prince. [...] [...] Even where all of this is true, U.S. copyright law was not implemented to choke off the flow of facts and news reporting.  In fact, § 107 of the Copyright Act specifically limits a copyright owner’s rights in these kinds of situations.  The IOC cannot use DMCA takedown notices to silence the speech it does not like.  In fact, sending those notices may end up costing the IOC, unless they can successfully make the case that they considered whether use of the clips could be fair use before making their demands.  Just ask the artist currently known as Prince. [...]

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