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Environmentalists fight back, addressing important questions in the way the DMCA is used

The battlefield for the Digital Millenium Copyright Act just gained a new, unlikely set of occupants: environmentalists at SHARK (SHowing Animals Respect and Kindness) and the Professional Rodeo Cowboys Association.

According to a lawsuit filed (PDF) by the Electronic Frontier Foundation on behalf of SHARK, the PRCA “abused” the Digital Millenium Copyright Act by filing over a dozen takedown notices when the environmentalist group posted videos of animal abuse on YouTube.

The PRCA oversees a large number of rodeo events in the United States. SHARK focuses primarily on animal cruelty in rodeos and bullfighting.

Initially, YouTube complied with the PRCA’s requests, taking down SHARK’s YouTube account and the videos – posted between December 2006 and December 2007 – around the middle of December 2007. The outage lasted for a little more than a week; on Christmas Day 2007, YouTube restored SHARK’s videos and account a series of counter-notifications sent by SHARK’s lawyers.

In its lawsuit, the Electronic Frontier Foundation alleges that the PRCA “misused” the DMCA’s copyright takedown facilities, by falsely asserting copyright over videos it didn’t own.

“Live rodeo events are not copyrightable and that the PRCA’s copyright claim was baseless,” reads the complaint.

“The PRCA may not like it when our clients raise tough questions about how animals are treated at rodeos, “ said EFF Attorney Corynne McSherry in a press release issued Monday. “This copyright claim is … made simply to block the public from seeing SHARK's controversial videos. The PRCA can't be permitted to silence its critics through a misuse of the law.”

“We can't let the PRCA continue to interfere with SHARK's free speech rights,” said SHARK investigator Michael Kobliska. “It's simply not right for us to waste our time and money dealing with these baseless DMCA takedowns that block our message from getting out to the public.”

The lawsuit seeks to prevent the PRCA from filing future copyright complaints or lawsuits against SHARK.

While a seemingly routine quibble between environmentalists and animal handlers may at first glance seem unimportant in the larger arena of digital rights, SHARK’s lawsuit can have larger ramifications. Copyright law enforces penalties for falsely misrepresenting ownership in a takedown request, and the DMCA’s takedown provisions have a history of misuse.

More importantly, rules set in the DMCA are beginning to establish, indirectly, an international precedent. Sweeping Canadian copyright legislation, dubbed the “Canadian DMCA” by its backers, seeks to install “draconian” copyright rules and penalties and is styled in a similar fashion to the American law by the same name. Techdirt reports that the Canadian bill nearly died in late 2007 due to a public outcry, but was recently reinstated on a “fast track” as its backers try to get the bill approved as soon as possible.



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How?
By FITCamaro on 6/13/2008 6:13:15 AM , Rating: 5
How is a live rodeo event not copyrightable but a baseball game or football game is?




RE: How?
By notposting on 6/13/2008 7:15:07 AM , Rating: 2
it's not the game that is copyrighted, it's the broadcast--I'm assuming these videos were made by people at the rodeo with their own equipment.

just like you could go to a baseball game and record the whole thing and then broadcast/post online.


RE: How?
By FITCamaro on 6/13/2008 7:17:38 AM , Rating: 2
quote:
just like you could go to a baseball game and record the whole thing and then broadcast/post online.


I don't believe you can.


RE: How?
By FITCamaro on 6/13/2008 7:18:37 AM , Rating: 2
Let me clarify that. You can go and record it with a home camcorder. But I don't believe you can distribute it in any way.


RE: How?
By Topweasel on 6/13/2008 8:47:33 AM , Rating: 2
I believe you can use the video to some degree but you can't broadcast the game in its entirety. So if you taped lets Moss's and Tom Brady's record touchdown, that would be okay to put on YouTube but if you tried to put up all 3 hours that you can't. I know the NFL likes to say they have full control over every second but I don't think they do.


RE: How?
By tmouse on 6/13/2008 9:13:30 AM , Rating: 2
No you cannot rebroadcast ANY of it. News organizations can do a single report as news and it’s covered but if they reshow it they pay a small fee, similar to radio. Technically you cannot record it with a camera but since it’s not really possible to look for them in the audience it’s a don't ask don't tell policy.


RE: How?
By theapparition on 6/16/2008 8:10:21 AM , Rating: 2
The laws are based on the ticket contract.

You purchase a ticket to attend a private event. The rules and regulations are printed on that ticket. If at any time you don't agree with the terms, you have the right to return the ticket. Attendance of the event implies that you agree to those terms.

Now, I can guarantee that the back of any major sporting event or concert ticket clearly states that your not allowed to record any portion of the event, and rebroadcasts are strictly prohibited.

Rodeo's?.........don't know, never been to one.

So to paraphase what really happens since it's rarely enforced......you can take pictures and video for personal use (even though illegal), but if you try and show the whole game, they'll come after you.

And doesn't everyone know that MLB stores everyone's personal info in satellites? They are watching.


RE: How?
By Kougar on 6/13/2008 7:44:33 AM , Rating: 2
Hm, probably because there is no similar NFL, NBA, or MLB organization for rodeos that seeks to control media, promotions and other items for profit?


RE: How?
By tmouse on 6/13/2008 9:25:37 AM , Rating: 2
Actually that’s what the Professional Rodeo Cowboys Association is. They have traditionally allowed camcorders in since many of the venues are "home fields" for some one participating so their friends and family are there. Rebroadcast is strictly prohibited. Now the other side say there are not rebroadcasting for the entertainment purpose but I guess as news reporting on animal cruelty. I think the NFL, NBA and MLB would do the same thing if some group felt their activities were cruel to humans and showed clips to refer to steroid injections, ect (I do not know if they also use leather straps on anyone’s testis in reference to an earlier thread in this post).


RE: How?
By tmouse on 6/13/2008 9:53:41 AM , Rating: 2
I'll qualify my previous statement. It really is only appropriate if the event is PRCA sponsored and uses video of ANY of the events themselves. A "behind the scenes" type of tape should be exempt outside of the possible trespass laws that may be broken.


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