The NFL Issues Takedown For Chrysler Super Bowl Commercial
from the nicely-done dept
Ah, the bogus takedown. The latest is that apparently the NFL somehow and for some reason took down Chrysler's Clint Eastwood Super Bowl commercial from YouTube. Pretty much every advertiser put up their commercials on YouTube, and it's unclear why or how the NFL might claim any sort of copyright on any of those ads. But, for some time that's exactly what happened, making Chrysler's own website promoting the ad look pretty silly: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: clint eastwood, commercials, super bowl, takedowns, videos
Companies: chrysler, nfl
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Leaving violations up for an extra day or two probably does little damage to the rights holder, but examples like this show how huge the damage can be to the person holding the video.
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Everyone hold your breath for that one.
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So what should the penalty be for a bogus bogus copyright claim and DMCA claim?
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Agreed, but it would be nice to see YouTube do something proactive about this. Something simple even, like x amount (or percentage or something) of successfully countered notices and the rights holder loses automatic take down privileges and has to file paper notices. They wouldn't lose DMCA protection that way, would they?
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I don't know why YouTube doesn't act accordingly.
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Anyway, the safe harbors only require that the service provider "act expeditiously" after receiving the notice, so there at least ought to be time to contact the user, as opposed to just acting immediately.
At any rate, Chrysler probably has a claim for damages against the NFL here unless there's some reason the NFL thought it had rights that were legitimately infringed.
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There are substantial penalties for failing to act expeditiously, whatever that means. The penalty for acting too quickly is absolutely nothing. So you can see what the law causes service providers to do.
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Not necessarily. I mean, if it's not infringement in the first place, there's no "penalty." Even if it is infringement, the service provider might not be liable. However, they *know* they're not liable if they act expeditiously to disable it.
You're right, thought, that the incentives are in favor of disabling access, except for those service providers who feel there is a market advantage to developing a reputation for standing up to such notices.
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You want your 15$ an hour worker who process DCMA claims making that call or are you going to have him take down whatever is requested and let the counterclaim department pass anything that looks interesting(if the defendant keeps calling foul after you tell him he is a thief) to the lawyers?
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I just wanted to clarify that not complying with a notice doesn't create liability; it just removes a shield to potential liability.
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There are potentially huge compliance for not taking it down. There should be equally, if not significantly larger costs for a false DMCA claim.
The penalties for false DMCA takedowns need to have some serious teeth.
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Agreed. And if I ran the world, once someone was found liable for a DMCA false takedown declaration, that entity would have all their current copyrights transferred to the public domain.
That would teach the bastards.
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There would be a DMCA if you ran the world? ;-)
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I have been a proponent of retrograde reform of copyright (Explicit registration and short terms) but even I am coming to the point where I am mad enough about all of this to just see copyright abolished completely.
Copyright no longer serves a purpose worth the "Lawyer Tax" that comes with it.
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1. YouTube receives counter notice to keep the video up -- at that point all liability for any actual infringement is now on the party giving the counter notice.
2. YouTube does not receive a counter notice within some specified time -- at which point YouTube takes the video down to keep its safe harbor protection.
Either way:
1. The party who put up the video can contest the takedown and assume liability. (And also sue in the case of a false DMCA takedown.)
2. The party who put up the video does not contest, and the video goes down. (And the DMCA filer might sue the party who put up the video for infringement.)
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This story is just so funny and sad
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Don't mess with Eastwood.
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Bots! Damn bots!
This is why the penalties for false takedown should be equal to the penalties for infringement.
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Re: Bots! Damn bots!
Absurdity works on many levels you know :)
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The NFL issed a DCMA takedown notice on a video they didn't own the rights to. While You Tube did follow the rules one could say that Chrysler has grounds for an action against the NFL or at least the rights to get very, very pissed off at the NFL and the perfect right to tell them so as Chrysler owns the rights to the ad NOT the NFL.
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Chilling effects is a gold mine for this kind of thing, you don't need to dig deeper to find abusive DMCA takedowns at all.
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Too bad for those not watching the Super Bowl!
Seriously, NFL - you already GOT your paycheck for the runtime of this ad, so what the hell do you have to gain by issuing a takedown notice? The whole point of putting ads in the Super Bowl is so the product makers get more exposure!
Well, I could look it like this: Maybe Chrysler will rethink its relationship with the NFL.
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Re: Too bad for those not watching the Super Bowl!
Granted NBC paid handsomely to air the Superbowl, but technically the ad fee was paid to NBC not the NFL.
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who should care?
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This was a rare year where the game was nearly as good as the best commercials.
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Alfa Romeo
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http://weblogs.baltimoresun.com/news/technology/2012/02/nfl_asks_google_to_reinstate_c.html
F TA
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YouTube expeditiously removes content when it receives a copyright notification from copyright owners, or from third party agencies operating on their behalf. We reinstate content when we receive a retraction from the party who originally submitted the notification. The video has been reinstated.
I replied to the spokesperson:
The NFL says they never filed a complaint about the video -- even though the video screen said there was a complaint from NFL Properties LLC. Was it taken down due to some type of auto filtering technology that YouTube uses?
Your statement doesn't really say what happened in this case. Thanks.
The YouTube spokesperson's response:
No, a video comes down when we receive a copyright complaint about a specific video from the copyright holder, or from the third party agency that they designate to make such complaints on their behalf.
Then I ask back:
So did the NFL's third party agency make the complaint? Because the NFL itself is telling me they didn't complain.
=======
(hope that's not a copyright violation by quoting them...)
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How do they determine the identity of who is making the claim?
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Stupidity
It's great.
Whatever bot or idiot at the NFL filed the takedown should be taken out and given a really good talking to about publicity and what the Internet and You Tube can do for them.
This time around the Internet and You Tube are probably saying really, really nasty things. Like here.
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Indignation leveled at copyright law and the DMCA may prove to be premature, and perhaps even wrong.
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Sounds like a case of fraud and theft of content (sure it's back now... but they stole it and it was gone for a while there....)
... I would make a point, but why when I can make three ... and imply 'something'....
know what I mean?
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Re: NFL DCMA savvy??
I doubt this is Google's fault, but we shall see.
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Part of me wonders...
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Re: Part of me wonders...
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"Detroit almost lost everything. But we all pulled together and now Motor City is fighting again"
Dammit we all did NOT pull together. Rove and Romney and the rest of the GOP were AGAINST saving Detroit and millions of jobs.
They just want to make sure that is clear....oh wait ;-)
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Penalty
$10,000 fine? This should be made true!
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Do it as a percentage of earnings before tax not a fixed value, the more you earn the less it hurts and the more it hurts the majority of people.
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The result looks like this:
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Chevy's advert
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It's not a trademark issue to show or mention a brand name product in a commercial (or any other context) unless there's likelihood of customer confusion. Trademark holders just want you to think it is.
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Trademark Infringement
So stop infringing, or well DCMA you, too.
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Trademark Infringement
So stop infringing, or we'll DMCA you, too.
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