DMCA Takedown Notice For a Fake ID

TrippTDF writes "Rachel Hyman, an artist and bartender in New York City, maintains a blog where she regularly posts images of fake IDs she confiscates from would-be underage drinkers, along with a description of the confiscation. Recently, one of her posts (Google cache) was taken down when the owner of the fake ID invoked the DMCA against Blogspot. Can one claim a forged document as a copyrighted work of art?"

Comments

Odd Issues.

[Adambomb]

Nope.

"Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture." says the U.S. Copyright office.

A fake ID, besides being illegal to create in the United States, is a derivative work of the United States Government, and is not an original creative work of authorship.

At least the article answers the questions of the summary directly. I like not having to think. Either way, trying to claim it was an original work seems really dangerous as its basically an admission of forgery. To any lawyers out there, is a DMCA Takedown notice considered a legal document for which charges could be filed if they implicate themselves within it?

Good question concerning the image of the individual itself from the FPer, does the fact that its included on an unauthorized document void the persons right to control over their own image? If not will video stores be forced to ban "BAD RENTER" walls and such other devices for shaming/controlling problem customers?

Short answer: No

[DRJlaw]

Let's analyze this problem step by step.

Copyright protection subsists in original works of authorship fixed in any tangible medium of expression. 17 U.S.C. 102.

1. What is original in the driver's license?

The graphics? No. The layout? No. The selection of the fields of data? No. The photograph? Arguably. The data? Arguably.

2. What is original and protectable in the driver's license?

Are photographs protectable? Yes. Is data protectable? No. FEIST PUBLICATIONS, INC. v. RURAL TELEPHONE SERVICE CO., 499 U.S. 340 (1991).

3. Is the reproduction likely to infringe the protectable content?

The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

17 U.S.C. 107.

The purpose and character appears to be criticism, or at least not commercial. The nature of the copyrighted work is at least allegedly a government ID, which does not favor copyrightability by someone other than the government. The amount and substantiality of the portion used is essentially all, which does favor copyrightability. However, the effect of the use upon the potential market or value of the photograph is, at least to the best of our knowledge, none, since Google is bereft of interesting content regarding Ms. Ashley Heyer.

The fair use factors balance out somewhere along the lines of 3 against, 1 in favor. There could be a more involved analysis, and there could be ancillary factors for consideration, but if I were the one being faced with this DMCA notice, I would file the counternotice and take my chances.

The Bar Managers guide to how you look too young.

[vorlich]

I used to be manager in the World Famous Barnton Bar & Bistro - as featured on Irvine Welsh's cups - http://www.thebistro.co.uk/index.htm (Pure rubbish website now). From Thursday through to Saturday staff general carded people who they suspected were under 18 years old - that's the legal drinking age in Scotland and the UK. We didn't systematically card everyone because with over 400 people throught the doors in the space of a few hours it just isn't practical. It is illegal in Scotland for a member of staff to serve alcohol to anyone under-age and they can be fined.
It is easy to spot the under age drinkers, here are just six red flags:
1 They don't look around - regular punters always check out the pub because surprising as it is, most people come to the pub for the social aspect and like to see who is in. It is not unusual for a group of woman to come in look around and then immediately leave because there is a lack of male totty.
2. They try to find a seat immediately, preferably down the back or as far away from the bar as people. This is so the youngest of them can attempt to hide in the dark and they can have a committee meeting to decide who looks the oldest and is going for the round (for non-UK residents this is the special social custom of buying all the drinks in rotation). Most regular punters usually try to get served first (well, that's the third reason they came in!) and prefer to worry about a seat afterwards and anyway - you can always just stand near the bar, that's how you meet people!
3. Before smoking was made illegal they always either smoked at the bar or lit a cigarette as they were about to be served. Regular punters simply never did this, even the lowest drunken old bum never did this, they waited until they had secured their drink and then they lit cigarette. Regular punters who actually had a cigarette in their hand when they went to buy their round (to fulfill the complex anthropological necessities of doing this sometimes you have to quickly buy an extra drink for a new arrival just as you are settling down.) would make a great effort to hide the cigarette - not blow it in your face.
4. Behave as if you had roundly insulted them when you ask for their id. Real people who are the legal age are always very amused and smug whenever they are asked for their id and give it willingly and with great enthusiasm. One particulary short and baby-faced student who was actually 25 was always amused when asked for his ID - and boy did he have ID!
5. Avoid eye contact or use inappropriate eye contact. Under agers are always tempted to address their inner child during this stressful trial and find it difficult not to look down or in attempt to overcome this desire, stare straight at you like a mad wookie.
6. Pick the wrong gender of staff for the wrong reasons on the wrong night. Friday night is the end of the week and the traditional night for most customers to be engaged in the search for a sexual partner (...eh your all still with me...? Okay.) This means that women want to be served by the most attractive man behind the bar and men want to be served by the most attractive woman, at the very least you understand, it's practice. Gay men and women do the same thing but obviously with the same sex and if you are wondering how to tell the difference, perhaps you need to get out more. Saturday is for getting drunk, since you may as well console yourself at not having sex the previous evening, so you are not interested in which member of staff serves you.

So Ashley Heyer failed on number 4. And now she's the talk of slashdot. Paris Hilton, eat your heart out... at least until 5th June!