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08-23-2013, 05:51 AM | #1 | |
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Bogus takedown notice sent to the wrong person; Harvard Prof. Lessig fights back
Yes, rightsholders are entitled to protect their content from being pirated, but it's a sad fact that many of them are quite trigger-happy when it comes to wiping their content off the face of the Internet. This time it happened to Larry Lessig, Roy L. Furman Professor of Law and Leadership at Harvard Law School and co-founder of Creative Commons, who has allegedly violated copyright because he used a song by the French band Phoenix in one of his lectures that was subsequently posted on YouTube. Rather than removing the lecture clip, Prof. Lessig is now fighting back by suing Liberation Music. He enlisted EFF to help him take the record company to court:
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Q&A with Lawrence Lessig on copyright in the digital age Larry Lessig: Laws that choke creativity Related: US Gov seeks to strike a copyright balance, wants your input, Rapidshare loses court battle against German booksellers [via Boing Boing] Image: Kristina Alexanderson/Flickr Last edited by Alexander Turcic; 08-23-2013 at 06:03 AM. |
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08-23-2013, 06:10 AM | #2 |
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For me personally this is not so much a case of copyright infringement or not but simply of bad behaviour and impoliteness.
It really doesn't take so much efforts to write a letter/email to this french band beforehand and inform them that he used the song in a lecture and wants to put the lecture on Youtube and thus is asking for permission. There will be very very few copyright owners who would refuse such a request. |
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08-23-2013, 06:26 AM | #3 |
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@Billi That's not the point in this case. The question really is, how far does the concept of fair use according to US-law expand. That's a legitimate question. If fair use allows this, as Prof. Lessig argues, then there really is no need to ask beforehand.
Your personal feelings towards this are as they are because you are looking at it from the background of another legal system ... No "Fair Use" in Germany, but "Schrankenbestimmungen" des UrhG. Last edited by beachwanderer; 08-23-2013 at 06:31 AM. |
08-23-2013, 06:29 AM | #4 | |
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08-23-2013, 06:43 AM | #5 |
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Shalym, as far as I've understood it, the problem is not the use of the song in the lecture but the upload of the lecture with this song to Youtube.
beachwanderer, yes, my personal feelings based on my knowledge of European copyright and not of the US copyright. Which legal system is here relevant as Phoenix is a French band? What I wanted to express with my "personal" (=not necessarily legally correct) opinion is that with a little bit of courtesy the professor could have a win-win-situation, now he has a lose-lose situation that helps no one. |
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08-23-2013, 06:48 AM | #6 | |
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08-23-2013, 06:59 AM | #7 | ||
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But here there we have a legal (and, in the end, constitutional) problem, a professor of law and a firm wanting to gain profit. That's how law is made. |
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08-23-2013, 07:12 AM | #8 | |
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Now he has an opportunity to clarify the law in the US in this area, which will be of great benefit to everyone. I was somewhat surprised that he withdrew his counter notice, but (as he's the law professor, not me) I assume there's some good legal reason that it was better to do that and then go to court himself. |
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08-23-2013, 07:21 AM | #9 |
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The old question.
Does my hand have the right to occupy the space that your face is in? Legal trifles: Does it matter whether it is the left hand or the right hand? Or which side of the face. |
08-23-2013, 07:30 AM | #10 |
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I'm assuming that the lecture in question was on law? If so, then I find it interesting that Liberation Music sent the notice in the first place, since law lectures are given by people that are experts on law.
I also find it ironic that a company with "liberation" in their name is against liberation. I think this situation might warrant popcorn and a comfy chair to watch. |
08-23-2013, 08:52 AM | #11 |
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I wouldn't be surprised if the band has nothing to do with this, and may not even be aware of it. Depending on the contract, I understand that it's common once a work is produced/published for the rights to be the property of the company and the artist's wishes are not considered.
Maybe it would be polite to ask permission before using a small clip/sample of a work, but it probably could also be an irritating burden for the artist/company to deal with. Clarifying the issue would help everybody. Rene |
08-23-2013, 08:55 AM | #12 | ||
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The factors use to determine such are as follows: Quote:
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08-23-2013, 05:31 PM | #13 |
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One way that this cripple whiles away the time is watching lectures on the internet. I hope that Prof. Lessig's actions will result in more lectures being available.
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08-23-2013, 05:41 PM | #14 | |
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08-23-2013, 09:08 PM | #15 |
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But... but... am I the only one that finds inclusion of the song in the lecture inappropriate, from a copyright point of view?
I teach as well. And I try to include things to make my lectures more interesting and engaging. Which is what this professor does as well. Why did he have the song in there in the first place? To entertain, not to educate. And to entertain by using someone else's work is... well, exactly the kind of thing we want to prevent. This strikes me as showmanship, not as an honest debate on fair use. |
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