Mendelson: Copyright law is stupid
Given the examples he presents, I’m inclined to agree:
1. ASCAP has used copyright law to go after royalty fees from girl scouts who sung popular songs around campfires;
2. Book publishers claim that Google copying their works in order to search them is a copyright infringement. If held true, all Internet search would be subject to copyright law and effectively banned;
3. There is no clearing house for performance rights meaning that I can own a piece of music, but am limited to where I can actually play it unless I negotiate individually with the content holder; and
4. Incidental uses of content subject the user to infringement claims. A woman recorded her 13-month old son dancing to Prince’s “Let’s Go Crazy.” The video (all 29 seconds of it) was posted on YouTube and immediately was subject to a DMCA takedown notice. Google complied. The mother is now suing Universal (the entity that owns the song) for violation of fair use laws. (Good for her).
Jason’s a current VC and a reformed lawyer, as well as a dynamic speaker and a strong advocate for the startup community. I mention all these credentials because he clearly knows what he’s talking about and will almost certainly get good traction on this. Looking forward to it.
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- Should Copyright Holders Pay For Bogus DMCA Takedowns? (techdirt.com)
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- Blogger music blogs – what to do if you get a DMCA notice (consumingexperience.com)
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