Latest Bogus DMCA Takedown Sent By NPR?

from the you'd-think-they-know-better dept

You wouldn’t normally associate NPR with sending bogus DMCA takedowns, but via the EFF we learn that NPR has sent a DMCA takedown to YouTube over a commercial that uses a clip from NPR. The commercial is from a group that opposes same-sex marriage, so there’s likely a political angle here. NPR claims that it issued the takedown to “protect NPR’s valuable reputation as a trusted and unbiased source of news,” but that’s not how copyright works. This is quite similar to when CBS tried to stop the McCain campaign from using a snippet of a broadcast in an ad. In both cases it seems that the use is a clear situation of fair use, with the content not being used for commercial reasons (yes, we’d like to believe that politics still isn’t commercial) and only a snippet was being used.

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Companies: npr

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Comments on “Latest Bogus DMCA Takedown Sent By NPR?”

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Derek Reed says:

Not how it works

I hear a lot of talk here about how the content industries ignore that piracy exists in the solutions they present, but why is it then perfectly acceptable to ignore the reality of the abuses of our court systems and how it’s used and repeat the line “it was intended to promote the progress”.

Sure it was intended differently, but that‘s not how it works now, and this is just another fine example of the reality of our entitlement society.

So why not present arguments/solutions that accept that reality?

John Fenderson (profile) says:

Re: Re:

If that’s the case, then they need do nothing. The clip was used in a way that seems entirely legitimate. No implication was made that NPR supported their position.

NPR is clearly in the wrong here. I don’t support the message of the commercial at all (and the clip they used was selected to be as shocking as possible), but it seems clearly fair use, in the copyright sense, to me.

Of course, the dirty little secret of NPR is that they aren’t as left-wing as everyone (both supporters and opponents) like to think. (They never were, really, but are less so now than ever.) They have been entirely coopted by major corporations over the past several years and are now simply another corporate mouthpiece like the other mainstream news outlets.

Almost Anonymous (profile) says:

Re: Re:

Perhaps they simply did not want the clip to be used for that purpose.

Well, too damn bad. You don’t get to send DMCA take-down notices just because you don’t like something, or you don’t like its context, or you don’t like the way it was used, etc. But too many companies DO send DMCA take-downs for just these reasons, and for most providers it is less hassle to just take “x” down, regardless of the true basis of the claims.

Kzd says:

Non Commercial is irrelevant

A use’s commercial status is completely irrelevant to copyright infringement. That would imply that I can file share among other things, or show a protected broadcast at a church, school, or any other non commercial setting, which has been repeatedly upheld to be a violation. McCain commercial was used in a paid advertisement which is clearly commercial anyway.

nasch (profile) says:

Re: Non Commercial is irrelevant

A use’s commercial status is completely irrelevant to copyright infringement.

In the US it is relevant because it is part of determining fair use under the four factor test:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

John Fenderson (profile) says:

Re: Publicly Owned

You’re 2% right.

About 2% of NPR’s budget comes from grants from the Corporation for Public Broadcasting, which is the entity formed by the Public Broadcasting Act.

98% of NPR’s budget comes from donations from the public, corporate sponsors, and the fees NPR charges individual stations to carrying their programs.

At the station level, most of the money comes from donations from the public and a substantial portion comes from businesses, usually local to the broadcast area.

Ben (profile) says: bogus DMCA

How do you publicize a bogus DMCA take down when neither the company that field it or the company they filed it against will comment on it? filed a bogus DMCA against in order to have a discussion regarding skewing reviews in favor of sites that subsribe to their “service” apparently they had a problem with people using the word extortion when mentioning their policies that bar a response from any merchant that will not pay them a monthly fee.

You can still view the google cached version here.

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