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Ok, need a little bit of assistance on this one. I've got a bit of background in UK law but this involves someone in the US. I put together a Youtube video a few days ago with a view to it going viral and promoting my site and other projects. It did, however someone decided it would be good to take a chunk of the footage, unaltered and create a 'parody' video. Now to the best of my knowledge, he does not qualify for protection under parody law or fair use. He did not alter the footage, he did not credit the footage, he did not ask permission to use the footage and I own the footage in full. There was no 'parody' going on, it was just a 20 or so second chunk of my footage, including my unaltered voice, cut into a piece of his work. I filed a copyright claim, on the basis that this guy actively went out of his way to taunt and harrass me about the video, so hey, why not? Protecting my IP is entirely reasonable right? I informed him before doing so that I could in fact 'do poo poo to him' contrary to what he claimed and that his video did not qualify under US parody law. This dumbass has filed a counterclaim with Youtube, which means I'm now obliged to go after him and file a court action under the DMCA. In counterclaiming, he perjured himself and provided his full name and address for the purposes of filing. quote:"I consent to the jurisdiction of the Federal District Court for the I don't see any reason to let this guy get away with his behaviour, particularly when he went so far out of his way to try and rub it in my face. So the question is two-fold. 1) Is my understand of US copyright law correct? Is using a chunk of unaltered footage, without permission protected by parody law or not? 2) How would I file such a thing? I live in the UK, this guy is in Alabama. quote:As described in the United States Digital Millennium Any assistance would be much appreciated. I'd also like to know how much it would cost to file. I'd imagine he will back off when that happens so I won't need to go any further.
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Apr 20, 2010 21:03
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SWATJester posted:TotalBiscuit, basically what everyone else said, but I also should point out that there's no perjury there. He took advantage of the same DMCA that you did. The system is intentionally designed to put you in the situation you are in: If the litigation was important, you can file suit; otherwise, you let it go and don't clog up the judicial system with pointless litigation. The DMCA is a pain in the rear end. Guy backed off and apologised after coming to his senses, so it's non-issue. Obviously it was never going to come to litigation, that's just dumb. I wanted to know more about this kind of situation and have enough understanding of the legal ramifications to have him back down and be reasonable. Now I do and now he has so thanks for spending the time to educate me. Sorry for coming off as a retard. TotalBiscuit fucked around with this message at 10:36 on Apr 21, 2010 |
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Apr 21, 2010 10:28
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