Web Design and the DMCA: Giving and Getting Take Down Notices : Comments
November 5, 2007
Comments
I have a question/comment about this excellent, if legalistic article. There doesn’t seem to be a means to prove that you are not infringing. Where does “fair use” fall in the way DMCA operates?
Rita: Fair use is not a part of the DMCA. Fair use is a separate and unrelated method to argue that one is not infringing. Fair use is a grey area and under 17 USC 107 requires an analysis that includes for example, whether the work alleged infringing is transformative. Transformative means more than merely taking the original work – the protected work – and changing its medium. One must create in a sense a new work. Check out stanford.edu’s fair use web site.
Thanks, this is great info. It is great to have articles on legal matters. Can we get one on Typo Squatters next and how to deal with them especially when registered via a proxy service?
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