Photoshop Disaster Draws DMCA Notice For Boing Boing
Pickens writes: "Cory Doctorow writes that Ralph Lauren issued a DMCA takedown notice after Boing Boing republished the Photoshop disaster contained in a Ralph Lauren advertisement in which a model's proportions appear to have been altered to give her an impossibly skinny body with the model's head larger than her pelvis. Doctorow says that one of the things that makes their ISP Priority Colo so awesome is that they don't automatically act on DMCA takedowns and proceeded to dare Lauren to sue. 'This is classic fair use: a reproduction "for purposes such as criticism, comment, news reporting," etc,' writes Doctorow. 'Copyright law doesn't give you the right to threaten your critics for pointing out the problems with your offerings.' Doctorow adds that every time Lauren threatens to sue he will 'reproduce the original criticism, making damned sure that all our readers get a good, long look at it,' 'publish your spurious legal threat along with copious mockery,' and 'offer nourishing soup and sandwiches to your models.'"
Not fair use because it is the entire ad, so DMCA notice is valid. Fair use is for selected excerpts of copyrighted material. Fair use almost never protects the copying of an entire piece of copyrighted material They could have cropped. Also, Boing Boing now admits ad is fake, so there is retransmission liability for libel and business disparagement. Boing Boing is clearly in the wrong here. It appears it is trying to embarrass and disparage Ralph Lauren.