Yahoo! Finance quotes David Powsner in “Twitter’s football video removals raise questions for all media”Print PDF
David J. Powsner, a partner in the firm's Intellectual Property Department, was quoted by Yahoo! Finance in “Twitter’s football video removals raise questions for all media” on October 13. The article highlights recent actions taken by two firms that specialize in policing copyrights online under the Digital Millennium Copyright Act (DMCA). The firms told Twitter to take down posts that included video clips of professional and college football games. Companies that host user-made content on the internet cannot be held liable for copyright infringement by their users under the DMCA as long as they agree to remove the offending content after being notified by the rights holder. The DMCA specifies that accounts of repeat offenders will be suspended and sets out penalties for rights holders who abuse the takedown process.
Twitter removed the posts in question and suspended the accounts of the alleged copyright infringers-Gawker Media’s Deadspin and Vox Media’s SBNation, two sports news sites. Deadspin’s account was later restored by Twitter and Vox’s SBNation is working with Twitter to restore its account. Twitter has its own partnership with the NFL for sharing video clips and the monitoring agencies, NCAA and UFC, were hired by the NFL, who said in a statement that it asked Twitter to remove the clips but did not request any accounts be suspended.
David, who recently co-authored a blog post and co-presented a podcast on DMCA takedowns, notes that the law is working as designed and that the law is meant to provide a relatively low overhead mechanism for addressing accused infringements whether on a web site or social media network. “The overall purpose of that law remains applicable, whether in today’s social media-driven environment or yesterday’s digital media publishing environment,” he said.
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