Intellectual Property Law

DMCA 'Interference' With Copyright Is Not Copyright Infringement

By Marty Schwimmer

Actors' Equity Association apparently polices YouTube on behalf of its actor members. Plaintiff uploaded a video and AEA sent a DMCA notice, erroneously believing that the uploading was without authorization of an AEA member. In fact plaintiff owned copyright in the work. Plaintiff sues AEA on copyright grounds. Held: AEA may have interefered with plaintiff's 'performance' right but that in itself not copyright infringement, as AEA did not make an unauthorized copy of the work. The court then notes sua sponte that this is not a 'false DMCA' counterclaim as AEA did not knowingly make a misrepresentation in its DMCA. At best it behaved negligently.

Decision Actors Equity Dmca

Full post as published by Trademark Blog on March 23, 2010 (boomark / email).