May 6, 2009 – 2:41 pm
Copyright bloggers aren’t looking too favorably at Perez Hilton’s attempt to silence NOM’s “No Offense” TV ad. As one copyright expert said, Hilton “ignor[es] the fair use elephant in the room.”
From Ben Sheffner at Copyrights & Campaigns:
Rubenstein’s letter simply ignores the elephant in the room: fair use. Often a letter like this will include a section saying something like, “We expect that you will claim that your conduct is protected under the fair use doctrine. But that is incorrect, for the following reasons…” Here, the fair use defense is so strong that I guess I shouldn’t be surprised that Lavandeira’s attorneys can’t even muster up an argument why it doesn’t apply.
And Sam Bayard at the Citizen Media Law Project agreed:
The blogosphere is buzzing about Perez Hilton’s recent foray into copyright bullying. Last week, the celebrity blogger, whose real name is Mario Lavandeira, sent a DMCA takedown notice to YouTube, claiming that a new advocacy ad from the National Organization for Marriage (”NOM”) which was posted on the video-sharing site violated his copyright. . . .
This is one of those rare moments when fair use analysis is easy — the use is for purposes of criticism and commentary on a burning public issue, the amount of material taken is very small, and there is no conceivable harm to the market for Lavandeira’s work. To me, this looks like a bad legal and P.R. call, and Lavandeira’s being pummeled for it online.
Perez is just being a complete total dumb blond faggot...