News: Last week, I reported that YouTube removed Smosh’s mega-popular Pokemon video after receiving a DMCA notice (for copyright infringement), notwithstanding a strong parody fair use claim for Smosh. Under the DMCA, a website has a greater chance of staying within the safe harbor (and avoiding copyright liability) if it expeditiously removes content identified by a copyright holder in a DMCA notice.
One of the fallouts of the take down is that Smosh lost over 24 million views to its tally, placing it back closer to lonelygirl15 — 56 million to 52 million. If you are not aware, Smosh and lonelygirl15 are No. 1 and No. 2 in total views on YouTube for amateur productions.
June 21, 2007 at 3:54 am |
“Under the DMCA, a website has a greater chance of staying within the safe harbor (and avoiding copyright liability) if it expeditiously removes content identified by a copyright holder in a DMCA notice.” Actually, under the DMCA, one MUST expeditiously remove or block access to content in order to take advantage of the 512(c) safe harbor. (And that, of course, is only one criterion.) If you don’t takedown/block access in response to a valid, complete DMCA notice of copyright infringement, yer out, son.
Gx