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View Diary: MPAA: Embedding a video can be direct copyright infringement (162 comments)

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  •  Not really, probably (1+ / 0-)
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    Rich in PA

    Hard to say without reading the complaint itself, but it is doubtful that the result would be mass infringement.  

    Keep in mind that news reporting and commentary is protected speech.  In regard to copyright infringement, this is an affirmative defense.  In other words, technically you are infringing, but it is excused.  Obviously, media engages in this all the time.  For example, if the NYT posts (displays) a photo of Rachel Maddow's new book, technically it is infringing the book jacket.  The reason matters.  In this example, the photo is used to illustrate the book review--to comment upon the book itself--and this is (usually) protected speech.

    Embedding a video is still a form reproduction (i.e., copying); thus, direct infringement rather than indirect.  What matters is the actual reproduction (in this case, display of the video image), not whether one has control of the content.  This is because the right to display is one of the bundled copyrights.  So it seems like the movie pirates (for lack of better term) are both indirect infringers (by supplying a pirated movie for embedding purposes) and direct infringers (for posting the pirated copy themselves, etc.). I hope this makes sense.

    Not a bad idea to keep an eye on ing the MPAA, but I tend to think that there is too much paranoia about copyrights and not enough knowledge about the actual law.  Citation here to the First Amendment too.

    P.S. This is not legal advice to do or not do anything.

    •  I agree but it likely won't fly here. (0+ / 0-)

      Creative content doesn't want to be free any more than food or clothing want to be free.  Someone wanting them to be free doesn't change that.

      But nobody's buying flowers from the flower lady.

      by Rich in PA on Sun Apr 15, 2012 at 05:02:59 AM PDT

      [ Parent ]

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