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1. YouTube Refuses to Honor DMCA Counter-Notices (Other/Articles)

... filed a lawsuit seeking an injunction to keep it offline. No longer. YouTube refuses to honor counter-notices for “contractual reasons” For months I have been trying to discover why many users have ...

2. YouTube's New Content ID Appeals Process: Not as Useful as You Might Think (Other/Articles)

... around the country--all of which are now apparently blocked by Content ID. I remember Lawrence Lessig used this as an example of remix in his talks for a while (I wonder if any of his videos have been ...

3. Does Content ID abuse infringe copyright? (Other/Articles)

Lately I've been pondering an interesting question. What is the legal effect of a false or fraudulent Content ID match on YouTube, as compared to a false or fraudulent DMCA notice? While the law provides ...

4. SOPA, Private Copyright Enforcement Systems, & Free Speech (Other/Articles)

... right to make unauthorized use of copyrighted material under the fair use doctrine, the idea that copyright and free speech do not conflict is demonstrably false. At its heart, copyright law is ...

5. YouTube Copyfraud & Abuse of the Content ID System (Other/Articles)

... will eventually be pressured into changing its policies to rectify this situation. A. Introduction: Three Fundamental Flaws with the Content ID System In order to understand the problem of copyright ...

6. Open Letter to YouTube Regarding Content ID (Other/Articles)

Dear YouTube, Over the last few months, I have become increasingly aware of a fatal flaw in YouTube’s copyright enforcement regime, which frequently leaves non-infringing videos blocked for supposed ...

7. Falling Through the Cracks in YouTube's Copyright System (Other/Articles)

Over the last few months, I have become increasingly aware of a fatal flaw in YouTube’s copyright enforcement regime, which frequently leaves non-infringing videos blocked for supposed copyright reasons ...

8. Book Review: "Reclaiming Fair Use" by Patricia Aufderheide and Peter Jaszi (Other/Articles)

... in copyright law for “fair use” and portrayed fair use as being too complicated for ordinary YouTube users to understand. Public Knowledge challenged the online video community to create a video presenting ...

9. DVD Ripping Guide (Guides/DVD Ripping Guide)

... for purposes which are otherwise fair use under US copyright law. In celebration of this ruling, this site now offers the following guide on how to decrypt DVDs, rip them to your computer, and convert ...

10. New Copyright Rules Allow DRM Circumvention for Remix Videos (Other/Articles)

... authorized by copyright law.  The statute directs the office of the Librarian of Congress to conduct a review of this provision every three years and authorizes it to make new exceptions ...

11. What types of uses does the fair use doctrine protect? (FAQs/FAQ Articles)

... Congress as a guide in its inquiry. The four factors listed are: FACTOR 1: THE PURPOSE AND CHARACTER OF THE USE This factor considers whether the use helps fulfill the intention of copyright law ...

12. Where is the fair use doctrine codified? (FAQs/FAQ Articles)

Answer: The fair use doctrine was originally a judge-made doctrine embodied in case law. See Folsom v. Marsh, 9 F.Cas. 342 (1841). Congress later codified it at Title 17 of the United States Code, ...

13. Disputing Copyright Notifications (Guides/Guide to YouTube Removals (Updated Nov 2012))

... select "My use of the content meets the legal requirements for fair use or fair dealing under applicable copyright laws" (or whatever other option is more suited to your situation). If you believe the ...

14. Deciding if Video is Fair Use (Guides/Guide to YouTube Removals (Updated Nov 2012))

...  infringement to use the copyrighted works of another in some circumstances, such as for commentary, criticism, news reporting, or educational use." These specific purposes are highlighted in the law ...

15. Determining How Your Video Was Blocked (Guides/Guide to YouTube Removals (Updated Nov 2012))

... blocks all uses of copyrighted content indiscriminately, there is a high chance it will block material that is in fact "fair use" under U.S. copyright law, and you can easily get your video restored by ...

16. My Experiences with the DMCA on YouTube (Other/Articles)

Originally published as "Square Enix Abuses the DMCA Takedown Process" A few months ago I wrote a post on why anime music videos (AMVs) would likely be considered fair use under US copyright law. ...

17. Are Anime Music Videos Fair Use? (Other/Articles)

Anyone who knows me probably knows I like studying issues related to copyright law–a fascination driven by the fact that as a child of the Net Generation, I have grown up immersed in what Lawrence ...

18. It Pays to Know your Rights under Copyright Law (Other/Articles)

... spent the last four years acquiring a thorough knowledge of copyright law, I was pretty sure I could successfully defend my video as a fair use of Warner’s content. So I immediatly disputed the copyright ...

19. About This Site ('Uncategorised Content')

This website is written and maintained by Patrick McKay, a Colorado attorney with a J.D. from Regent University School of Law in Virginia Beach, Virginia. Contact information and a limited curriculum vitae ...

20. Home Page ('Uncategorised Content')

Latest News October 4, 2012: Victory! A little over one year after I began campaigning to raise awareness of the fatal flaws in YouTube's Content ID dispute process, YouTube has announced ...