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This allows for copyright holders to send out take-down notices without incurring much liability; to get the content back up, the recipients need to expend considerably more resources. Section 512(f) makes the sender of an invalid claim liable for the damages resulting from the content's improper removal, including legal fees, but that remedy ...
In 2001 the Electronic Frontier Foundation launched a collaborative clearinghouse for notice and takedown requests, known as Chilling Effects. [23] Researchers have been using the clearinghouse to study the use of cease-and-desist demands, primarily looking at DMCA 512 takedown notices, but also non-DMCA copyright issues, and trademark claims.
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You could, for example, add the text "This article is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License, which means that you can copy and modify it as long as the entire work (including additions) remains under this license", and provide a link to a copy of the CC-BY-SA.
The ruling established that the DMCA was not unconstitutional, and that while it did place a burden on users accessing works for fair use, the DMCA did not outright restrict fair use. In the case of the ebook example, the ruling observed that the user may have to type a quote from the ebook rather than copy and paste from the unprotected version.
In May 2016, Guns N' Roses singer Axl Rose sent a series of DMCA takedown notices to Google, in an attempt to suppress a 2010 image of him that was taken by a Winnipeg Free Press photographer and reposted by Gauntlet, under the headline "OMFG Axl Rose is Fat." [107] This resulted in the "Fat Axl Rose" meme gaining a spike in popularity. [108] [109]
Fan games that reuse or recreate Nintendo assets also have been targeted by Nintendo typically through cease and desist letters or DMCA-based takedown to shut down these projects. [28] Full Screen Mario , a web browser-based version of Super Mario Bros. , was shut down in 2013 after Nintendo issued a cease and desist letter. [ 29 ]
CBS News issued a DMCA takedown notice and had the video removed from YouTube. [34] 2009: In September 2009, "Photoshop Disasters"—a blog covering egregious photo editing missteps—published a photo of a Polo Ralph Lauren ad in which the model's body was grotesquely smaller than her head.