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For example, since April 2013, YouTube refuses to restore some counter-noticed content, citing an agreement YouTube made with third-party music content owners. [38] [39] Additionally, there is no public record of takedown requests and counter-notices. This prevents the public from seeing how the process is used.
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 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.
On Feb. 9, the electronic artist Benn Jordan, who performs under the alias the Flashbulb, was attempting to reference one of his songs during a recording session but couldn’t access his music on ...
Furthermore, Lenz had not suffered any significant damages from Universal's notice to YouTube to take down the video. [2] [5] In a later proceeding, the district court ruled against both parties in their motions for summary judgment against each other, creating a stalemate. [6]
In April 2013, it was reported that Universal Music Group and YouTube have a contractual agreement that prevents content blocked on YouTube by a request from UMG from being restored, even if the uploader of the video files a DMCA counter-notice. When a dispute occurs, the uploader of the video has to contact UMG.
UMG further alleged that, despite failing to send DMCA takedown notices, Veoh had "actual" knowledge of infringement as defined by DMCA under § 512(c)(1)(A)(i) [11] because it was generally known that the site could be used to distribute infringing videos, and that "Veoh must have known that some of the content on its site was unauthorized."
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