The DMCA vs. Political Speech
from the shall-make-no-law dept
Transbot9 recently alerted us to the news that the NFL had complained about Senator Russ Feingold’s use of an NFL clip in his latest TV commercial:
Anyway, the timing is good, on this. While it doesn’t appear that any DMCA takedown was actually issued by the NFL against Feingold’s commercial, we certainly have been hearing a lot of stories about DMCA takedowns on political commercials, where the content used is almost certainly fair use. The Center for Democracy and Technology (CDT) has just released a report looking at numerous DMCA takedowns of such political commercials, highlighting how in almost every case the use was almost certainly fair. The report reminds people that the whole DMCA takedown process — especially in political contexts — appears to be yet another example of how the DMCA violates the First Amendment with its takedown provisions.