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Ask Slashdot: How To Fight Copyright Violations With DMCA?
szyzyg writes "I've created some popular science videos showing how asteroid discoveries have happened over the last few decades. However I've run into a problem with a religious organization which borrowed my video and redubbed it to promote their religious message. Ultimately I filed a DMCA takedown request via YouTube's site, it's as easy as filling in a form and the video was removed. But this organization has since submitted a counterclaim claiming 'under penalty of perjury' that they do in fact have the rights to this work, and YouTube has reinstated the video. It looks like the only way I can pursue this further is to spend the money to take the organization to court and get an injunction, but even if I did so I'd have to pay court costs up front and since they're based in another country I'd have a difficult time actually collecting any money from the other party. It feels like this other group is simply gambling that I won't spend the time and resources to take further legal action, the DMCA is supposed to provide equal protection but the more lawyer you have the more 'equal' you are. So does anyone have any suggestions for how I should proceed here?"
The video used my name, and picture and implies that my research supports their creationist message.
That's part of the problem sir, they've put my picture on their video and are implying that I'm endorsing their message.
Seeing as YouTube is a US site, I'm thinking it still "means shit" in this guy's case.
Yes, but that would cost money, and while I could probably get damages It would be practically impossible to collect on them.
And possibly easier said than done, given this guy's previous form:
"When Dawkins publicly lampooned the research in the Atlas of Creation (he pointed out that one of the photos of a Caddis Fly was in fact a fishing fly, complete with metal hook, stolen from the internet, pictured), and labelled Yahya a charlatan on his website, Yahya used his considerable influence and battalion of lawyers to sue for libel and have Dawkins's website banned in Turkey. This is just one of thousands of cases he has brought before the Turkish courts."
Lots more here, including lurid claims about blackmail and sex parties:
http://newhumanist.org.uk/2131
For the lazy, that would be http://www.harunyahya.com/ ...
For a guy who supposedly thwarted a cocaine conspiracy (cf. http://www.harunyahya.com/bilgi/yazarHakkinda?pageNo=2 ) ... the DMCA must seem like nothing.
- Michael T. Babcock (Yes, I blog)
The DMCA has worked the way it was intended; he filed the claim with Youtube, Youtube took down the video and notified the poster of the take-down complain, then the poster counter-claimed. After the counter-claim it's up to the courts
Apocalypse Cancelled, Sorry, No Ticket Refunds
Thank you, that's interesting and, at least in theory potentially useful to me some day.
(Only had one real copyright claim, someone used one of my images on the cover of their death metal CD and was selling it. No returned phone calls for weeks. Good thing it was the cover, Eventually I DMCA'd the album cover from Amazon's web site, got a call back in *minutes*, whole matter was settled an hour or two later. If they'd counterclaimed, or just used m images inside the CD booklet, ... well, anyway. Weird how these things work.
Anyway, thanks again for the data.
One other thing: The copyright office has an RfC or the like on making a copyright small claims court. I think something like that might be sensible, but IANAL. Anyway, FYI, http://www.copyright.gov/docs/smallclaims/
I'm a nature photographer.