Summit Entertainment May Learn That You Can't File A Copyright Takedown Over A Trademark Issue

from the your-lawyers-should-have-told-you-that dept

Earlier this year, we wrote about a somewhat convoluted lawsuit in which a songwriter had sued Summit Entertainment, the movie studio behind the Twilight films, and a notorious overprotector of copyrights and trademarks that it holds. Summit had issued a DMCA takedown on a song that the guy had written and posted to YouTube and iTunes. The song had been written long before Twilight existed, but the songwriter had tried to associate the two, claiming (apparently incorrectly given the timing on all this) that the song had been inspired by the movie. As we noted at the time, the whole thing seemed like a mixup of trademark and copyright issues. However, it struck us that there was one key question: while the way the song was marketed could open up the songwriter to trademark or false advertising claims, if Summit actually issued a copyright takedown, it could be abusing the DMCA.

Apparently a judge agrees with my thought process as well.

As THREsq notes, the judge has dumped much of the lawsuit, but is allowing the key question of abusing the DMCA takedown process to move forward:
"The whole purpose of a take down notice is to cause removal of infringing material from a website," writes Judge Carr. "If the plaintiff can show that defendant knowingly falsely asserted such interest, he in all likelihood can also show that it knew that such false assertion, once made, would lead to removal of plaintiff’s song from the website. Given the contemporary importance to a creator of an artistic work of unimpeded website display, plaintiff’s claim of resulting damages is not implausible."
All along, Summit has argued that it had no choice, and that YouTube treats copyright and trademark requests as one and the same. Even so, filing a bogus DMCA takedown over an issue that has nothing to do with copyright can certainly get the filer into some legal hot water, which should make this case an interesting one to follow.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, dmca, trademark, twilight
Companies: summit entertainment

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. icon
    DH's Love Child (profile), 17 Jun 2011 @ 9:26am


    I wanted to mark this as funny, except it's probably right on the mark..

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt
Insider Shop - Show Your Support!

Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.