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July 25, 2008

Wishful Thinking from the LATimes [9:49 am]

Pulling Prince from YouTube (pdf) (see this earlier post for background)

There should be some deterrent against copyright holders attacking fair uses online, deliberately or otherwise. At the very least, they should have to look at potentially infringing uses of their works and consider fair-use law before sending take-down notices. The courts may be the ultimate arbiter of individual fair-use claims, but copyright holders shouldn’t be free to ignore the guidance provided by federal statutes and previous court rulings. Besides, taking down baby videos won’t make Universal or Prince any richer in the long run. They’d be better off working with YouTube to capitalize on fans’ enthusiasm than scrubbing the site clean of his hits.

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