TV Station Issuing DMCA Takedowns To Try To Hide Weatherman Making A Bad Joke
from the fair-use-anyone? dept
Still, though, the station, WHDH, has been aggressively issuing DMCA takedowns over the video (who knows how long the video above will stay up), even though it's almost certainly fair use, and courts have found that those sending takedowns need to take fair use into account. Justin Silverman, over at the Citizen Media Law Project, explains succinctly why this is almost certainly fair use:
In this case there's a fairly strong argument that the 27-second clip of Bouchard is fair. The amount of the original broadcast used is very small, the purpose of the clip is to spur public discussion, and there is arguably no effect on WHDH's news market. It's likely WHDH either didn't consider fair use before ordering the clip's takedown, or it simply didn't care.And that's an issue. The DMCA allows copyright holders to shoot first and not care later. And that's a problem, because it can put a serious crimp on public discussion (which raises some serious First Amendment questions). Yes, in this case, it's just an off-color joke, but in many other cases it could be much more important speech.