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First off today, YouTube and Viacom both have filed papers with the Second Circuit Court of Appeals pitching their case for their interpretation of the law. At issue is specifically “red flag” takedowns, which are scenarios when a host must remove copyright infringing material despite a DMCA notice not being filed. According to YouTube, they only have to remove content when they are aware of an infringement that is obvious and doesn’t require investigation. Viacom says that interpretation is too broad and that an ISP must act if it is aware of an infringement, even if it is not aware of the specifics.
Next up today, photographer Marcie Cobbaert has filed a lawsuit against the producers of “Project Runway” claiming that she took photos for one of the designers on the show only to have them used as part of the broadcast without her permission. The suit also accuses Lifetime, the network behind the show, of turning the photos into advertisements by including a watermark for the network over them when they were on air.
Finally today, UK IPSs TalkTalk, Virgin and Sky have all received letters from the Motion Picture Association (MPA) requesting that they block the Usenet service Newzbin2. The move comes after the MPA secured a legal victory against BT, a different ISP in the country, forcing them to do the same. Virgin and Sky have said they will comply with the order but TalkTalk has taken issue with elements of it, including who has to pay for the blocking to be applied.
That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.
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