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DMCA Takedown Notice Leveled Against Ohio Congressional Race Ad

October 8th, 2010 10:02 admin Leave a comment Go to comments

Ponca City, We Love You writes “EFF reports that after Ohio Congressman John Kasich put out a commercial featuring a man dressed as a steelworker discussing Governor Ted Strickland’s record, Strickland’s campaign folks apparently realized that the ‘steelworker’ was really a paid actor, and put together their own video, mixing in clips of some of the actor’s other work to make fun of Kasich. Now the DMCA has been used to send a takedown demand to YouTube removing Strickland’s video for at least 10 days because it uses short clips from the actor’s movies.” The video has since been restored, some of the reasons for which are listed below.

“First, the political video’s use is transformative because it provides evidence that the supposed steelworker was actually a paid actor and as the Supreme Court explains, transformative works ‘lie at the heart of the fair use doctrine’s guarantee of breathing space within the confines of copyright.’ Second, the political ad only uses a few seconds of the original film, so a fair use is particularly justifiable when it uses the minimum necessary to make its point. ‘What’s troubling, yet again, is that this form of political speech has been removed from YouTube in the heat of an election battle,’ writes Mike Masnick on Techdirt. ‘Even if the takedown was not political, it’s clearly a case of copyright law being used to stifle political speech.’”

Source: DMCA Takedown Notice Leveled Against Ohio Congressional Race Ad

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  • Brady clark

    Copyright being used to stifle political speech? How about political ambition used to steal copyrighted speech, and to injure all of the actors and filmmakers whose artistic work has been corrupted into an unwanted political statement. The Democrats think that \free\ speech means they can steal speech from anyone and use it for their own gain. None of the actors except the \star\ actor expected their faces to be used for politics, and he only authorized his image to be used in the Republican commercial, not in other clips for the Democrats. If he is a Republican, or was paid for by Republicans, he should not have his likeness stolen by the Democrats. I spoke with one of the creators of the independent films that the Democrats pirated, and none of the people who owned the other film rights were even consulted when Strickland stole their independent film work product to use for his own political gain. While Strickland has a right to object to the message in the original ad against him, he has no right to steal unrelated films and use them against the actor (because other actresses are also shown, without their knowledge or consent, and they had no political axe to grind (until Strickland stole their artistic work product and used it for his selfish purposes.


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