Viacomâ..s Cease and Desist Letters â.¦ for Home Videos?

Stipulate that Jim Moore holds all rights in his video, and Viacom none. And stipulate further that Jim Moore is far from alone. One presumes that Viacomâ..s argument is that they did not issue these misrepresentative notices â..knowingly.â. I wonder how many home videos have to have been caught up â.. and taken down â.. in this sweep before one could say that it was â..knowingâ. on the part of Viacom? Combine that with the mash-ups that may include some of Viacomâ..s material, but where a fair use analysis will vindicate the alleged infringer. Could a human being have looked at each of these 100,000 videos? Might a court say: â..You ought to have known that if you crank these notices out automatically and not checking each one, you must know thereâ..s some non-infringing material in thereâ.?

John Palfrey - Blog Archive - How Many Jim Moores Are Out There? Viacomâ..s Cease and Desist Letters â.¦ for Home Videos?

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