Damages Possible, But Limited, For Bogus DMCA Takedowns
from the good-and-bad dept
We had discussed earlier this year just how damages should be figured out (and if they should be available at all) for bogus DMCA takedowns. The law, technically, says that there can be punishment, but it's rare to see a case ever get that far. In the ongoing Lenz v. Universal Music, however, (about the video takedown of a child dancing to less than 30 seconds of a Prince song), the judge has ruled that damages are available, but at the same time limited how those damages might be calculated. So, there's some good, in that filing bogus DMCA takedowns can lead to damages, but the amounts are likely to be so small in most cases as to be meaningless. Compare this, of course, with the statutory damages given to those who infringe on copyrights -- starting at $750 for sharing a single item and going way up from there. How is that equitable? Basically, the incentive is quite strong for copyright holders to continue to file DMCA's willy-nilly, knowing that the threat of errors is mostly minimal, even as the impact is to silence one's free speech -- which should be seen as a bigger issue than interfering with someone's business model.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: copyright, damages, dmca, lenz, takedown
Companies: universal music
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It also seems to be the criteria for taking down an entire site
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If they send you a DMCA for the first time and you respond to it, they now right there and then that you could be given statutory damages for false claims if a second one is issued on the same material.
So if you get more then one you can haz your statutory damages although it will not be much.
In the case of the dancing baby they got only the attorney fees because the mother didn't respond or didn't get a second DMCA, so she couldn't prove they were in bad faith, but if you get more then one and you have responded it to it, or if they send more then one in rapid succession there is a good chance that malice can be proven.
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Even a true musician, with instruments, can get time at a professional studio for at most, around $150 an hour.
Hell, I imagine a band could probably record at Abbey Road for the cost of a plane ticket.
If the law allows for $222,000 per P2P offense, as what was prescribed in the Jammie Thomas Case, you are forced to look at it from the perspective of what the value the rights holder sees.
A work-for-hire can be purchased for about 10% of what current case law (Capitol v. Thomas 06cv1497) allows. If Thomas was looking to profit financially or personally from sharing musical recordings her income from such efforts would have exceeded
If you could hire a muso and have them make a song for you on your birthday, I bet that would be the best gift you'll ever receive, and it would be at most $500 per minute. But they would do it for their fans, and not necessarily for profit.
NOTE: After Michael Jackson's untimely death, AEG, who is also the financial backer of Prince and NPG Records, was also kind enough to offer "souvenir tickets to fans of the singer who waived refunds of the ticket price."
If you don't think the whole industry needs to change with the times, you're wrong.
iTunes sold their 10,000,000,000 song last week, and it happened to be a Johnny Cash song. But consider listening to the heavily sampled "The Continuance" by Jonathan Elias.
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publishers used UNpublished[copyright] cover-design,for,
Ok enough on this Lucky,who never thanked anyone for her fame..there WAS a MAN WHO DID..I am angry..see my mother would never write about "O"...I got carried away..When people no longer want to be served,perhaps the Waitress will be acknowledged for her hard work!..They have NEVER have been before read this book..there IS by law a Finder's FEE for anyone who introduces this book & the author[whose story could become yet another book!}cjenn@ptd.net a copy of the book..call 1-570-828-1725 sorry,but there's no law where I have to swallow the idoltry of a woman who could have given another a chance,this is a woman's dream,perhaps "O" got so famous so fast she never learned humility,how can she represent any publishing,anything,she's not a literate woman,re:what book is important..obviously she never suffered enough..
Please fo to letters.mobile.salon.com..more info re: this bbok..the "stealing",of her cover..how could that be ignored..for now..
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That’s because we as a society favor preventing and punishing infringement more than we favor preventing and punishing fraud.
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how about
OR your balls if female well your being removed form the gene pool got the idea
solves problem PERIOD
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How much will it cost them to file these notices?
Does it cost to counter file?
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Prejudice
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"Just Tip Me Mister!" 1st [auto-bio] Expose' ;
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Ridiculous
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