If You Declare Your Content Is In The Public Domain, Can You Still Issue DMCA Takedown Notices?

from the just-wondering dept

The same guy who is fighting Uri Geller over bogus DMCA takedown notices may now need to be fighting the “Creation Science Evangelism Ministries,” which has apparently forced a video off YouTube via a DMCA takedown notice. The video, not surprisingly, is critical of the group, but almost certainly does not violate the group’s copyrights. The one really interesting thing here, is that the head of the ministry has apparently declared that all of the group’s content is in the public domain — which raises the question of whether or not you can still issue a DMCA takedown notice on content you’ve declared to be in the public domain?

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Comments on “If You Declare Your Content Is In The Public Domain, Can You Still Issue DMCA Takedown Notices?”

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10 Comments
ChurchHatesTucker (user link) says:

Re: Re: my nsho

From what I understand, it’s not a church.

But as far as the DMCA goes, the legal hurdles are very low for the whistle blower (“good faith”) and higher for the counter claim (“penalty of perjury.”) THEN there’s the ten to 14 days to see if your counter claim is responded to legally (rife for time-sensetive abouse.)

And if all that fails, you’re liable for costs. Sounds like a recipie for a SLAP-happy (and legally rewarding) world.

ReallyEvilCanine (profile) says:

Re: Re: Re: Good Faith

There is no “good faith” when demanding a take-down of an item which includes material you hold no copyright to, especially when said material was released by you or your organisation to the public domain. Assignment to PD is irrevocable; once you’ve done it you can’t change your mind. EVER.

Danny says:

Re: Re: Re:2 Good Faith


There is no “good faith” when demanding a take-down of an item which includes material you hold no copyright to

There should not be any good faith when it comes to take downs but unfortunately there is plenty of good faith. Remember a few months ago when Viacom basically shotgunned Youtube with several takedown notices which included material that was not infringing on their copyrights?

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