Danoff
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- Mile High City
That wasn't my point. There is such a thing in the constitution as no de facto law. A law that would be legal and constitutional otherwise can't really be applied to an infraction that happened before the law was passed. In this case, an infringement can not retroactively occur on a source material. In other words, if someone recites a passage from Hamlet, for example, in a movie, said person can not legally own the copyright on Hamlet itself because of the recited passage.
Agreed.
The Double Dribble clip that was used in Family Guy would have been left alone if it were an actual human that filed the copyright claim, and not a computer bot.
Huh? Filed the copyright claim? What with the patent office? You do not need to "file" a copyright claim to hold copyright. I don't know what google's terms are service are for uploading content to their website. Perhaps you turn over all copyright claims to them when you do. Assuming that they allow you to keep your copyright on the material you created while hosting it for you, if FOX comes along and rips you off, that's them ripping you off. If they then request that Google take down your work and Google does so, that's Google making an oversight. None of that has anything to do with copyright law. That's a company ripping you off and another company being stupid. The copyright owner can still sue Fox (presuming Google's terms of service didn't require you to give up copyright the moment you put it on youtube... which seems doubtful considering many companies put copyrighted works on youtube).
Perhaps what you meant is that the cease and desist was sent by a computer bot. Perhaps what you mean when you say "copyright claim" is "cease and desist". That's what the letter is called that requests that the infringer or host (or both) stop violating the copyright owner's copyright. So perhaps you are saying that "cease and desist" letters should stop being sent by bots. But of course that would be ignoring the massive copyright violations that go on in an automated sense, necessitating bots.
The fact that Fox required the takedown, and the Google complied, is not that big of a deal. The copyright holder can simply point to the dates, and if google is a reasonable company they should restore it. That's not really a broken system (the system in this case belonging to a private company) considering that it works and is necessary 99% of the time. The problem is that Fox ripped off copyright, which can be remedied in the courts under current copyright law.