EFF’s “Practical Advice for Music Bloggers…”
In the wake of Blogger (Google’s) deletion of a number of music blogs last month, EFF‘s Fred von Lohmann blogged “Practical Advice for Music Bloggers Worried About DMCA Takedown Censorship.” It’s relevant to our discussion of DMCA safe harbors this week. While the DMCA explicitly permits response (counter-notice) to a takedown, because the next step for the copyright owner is to sue, von Lohmann advises “sending a counter-notice can have serious consequences if you’re not absolutely sure that you had all the necessary legal rights to post the songs or links in question. Sending a DMCA counter-notice is serious business, as it leaves the copyright owner with few options (other than suing) in order to keep the song down.”
The fact that the copyright owner’s next move, by law, is to sue definitely makes it seem like the system tips in favor of the copyright owner. Not all cases are like Lenz v. Universal, and DMCA takedowns are so effective because the receiver either doesn’t understand her/his rights or he/she understands but doesn’t want to risk a lawsuit. (The blogger could also have posted a track he/she knows is infringing, of course, but I’m more concerned with legal uses.) Each side is certainly in the position where it’s prudent to pick its battles wisely.
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