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Viacom Claims Copyright On Irrlicht Video 258

stinkytoe writes in with the news that Nikolaus Gebhardt, developer of the cross-platform game engine library Irrlicht, recently had one of his video tutorials taken off of YouTube. A thread on Irrlicht's forum contains a copy of the takedown notice. From Gebhardt's blog: "Viacom, the corporation behind MTV, DreamWorks and Paramount is now claiming they own the copyright on a video of an Irrlicht tutorial. Which is completely ridiculous, of course: The whole thing has been written by me and the Irrlicht team, even textures and skins and logos have been created by me, and an Irrlicht Engine user... simply filmed and published it on YouTube.com. Here is a screenshot of the tutorial, it's really just a 2D GUI rendered using the 3D engine, nothing special at all."
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Viacom Claims Copyright On Irrlicht Video

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  • That's not all... (Score:5, Informative)

    by ack154 ( 591432 ) on Tuesday February 06, 2007 @05:25PM (#17911184)
    Apparently Viacom owns the rights to a few people eating dinner [harvard.edu] as well.
  • * -- If I don't like something that is said about my product online... I can simply have it taken down with the DMCA.

    No, Viacom can do this. You can't afford to go to court over bogus takedown notices every week.

    The law, of course, favors the megalithic entity, because they're the ones who pay for it.

  • Possible Reason (Score:5, Informative)

    by indigest ( 974861 ) on Tuesday February 06, 2007 @05:31PM (#17911302)
    There happens to be a 1972 album by Klaus Schulze that is also called Irrlicht [wikipedia.org] which was originally released in 1972 and then re-released in 2006. Perhaps Viacom owns the rights to this album and their search bot mistakenly flagged the video as a copyrighted work.
  • Re:Woops... (Score:3, Informative)

    by dougmc ( 70836 ) <dougmc+slashdot@frenzied.us> on Tuesday February 06, 2007 @05:42PM (#17911514) Homepage

    They must have gotten carried away. Quick guys, copyright your wedding videos and personal amateur porn before they do!
    To be fair, they're probably already copyrighted [templetons.com]. That is, unless 1) you've explicitly released them into the public domain, or 2) created them before 1989. (And I'm not sure exactly what `created' means in this context. Perhaps you filmed it in 1945, but didn't upload it to youtube until 2006? (whoa!, that looks like those old photos of grandma! and what's that goat doing to her? ew!) The uploaded version would clearly be a derivitave work, but I'm guessing that putting it into another tangible form would mean it's automatically copyrighted right then even if it wasn't originally.)


    Obviously Viacom merely made a mistake. Expect an apology soon. DMCA being abused? That's hardly news anymore -- it happens every day. This would appear to be one step below that -- a simple mistake.

  • Free speech doesn't include copyrighted material, and you should know that. But this type of thing shows yet another manner that the DMCA can be used to harass or silence legitimate speech.
    Actually, in the US, it does. It's called Fair Use [wikipedia.org].
    I don't really see much connection between that and the GP's comment, though. Moreso, this has nothing to do with free speech, since they're not censoring you, you can have your stuff reinstated and they'll have to sue next. Not to mention that you can counter-sue.
  • by amosh ( 109566 ) on Tuesday February 06, 2007 @05:56PM (#17911738)
    Look, I'm not trying to flame here... but if you're not a lawyer, and don't have any other knowledge... don't try to render a legal opinion.

    Irrlicht doesn't need to sue Viacom. Because Viacom isn't trying to 'muscle out a smaller company'. To anyone - ANYONE! - in this thread who thinks Viacom should be sued, answer me this - What damages is Irrlicht suing for? Did Viacom really try to destroy their business - to 'restrain trade'? Did they prevent Irrlicht from selling their product, from promoting their wares? THEY TOOK AN EFFING VIDEO OFF OF YOUTUBE. Not only that, but a video they had at least SOME basis to believe infringed on their copyright material. And the DMCA - despite the HUGE problems with that piece of legislation - does at least provide a remedy for this stuff. It takes about ten minutes to kick off an email in response.

    Show me damage. Show me Viacom acting in bad faith, rather than merely negligently or recklessly. THEN talk about lawsuits and restraint of trade. Until then... this is just not a big deal. The DMCA has a million huge problems - and this is somewhere around 950,000 on that list.
  • Re:Possible Reason (Score:3, Informative)

    by Raul654 ( 453029 ) on Tuesday February 06, 2007 @06:00PM (#17911836) Homepage
    IANAL, but I believe each DMCA complaint must include a statement along the lines of: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

    Using a bot to send out such notices would be dangerous, as any false positives would open the sender up to a countersuit- ala, Michael Crook [eff.org].
  • by Misch ( 158807 ) on Tuesday February 06, 2007 @06:03PM (#17911898) Homepage
    The DMCA that declarations of ownership have to be done under penalty of perjury.
  • by tinkerghost ( 944862 ) on Tuesday February 06, 2007 @06:07PM (#17911994) Homepage

    Per Groklaw - Slander of Title [groklaw.net] would apply to this, if you can show some sort of malice. If there were a pattern of the types of videos they 'erroneously' had taken down, it would go a long way towards establishing malice. However, if there is just a bunch of random crap thrown into the legitimate claims, then it's unlikely that you would be able to persue a Slander of Title claim very far.

    They have obviously failed to check on the actual status of the Copyrights for the video, which would set them up for a negligence suit. Since it's a tutorial on using a companies software, you might sneak it in under 'Tortuous Interferance' - ie. their actions are causing harm to the company's business and are not related to competition by VIACOM itself. [irony]MS couldn't claim interfierance by Apple just because Apple sells an OS. If Apple were to blackmail/bribe software houses into not developing for MS, then there would be a legitimate suit.[/irony]

    Of course if you want to be boring, you could go with

    • libel - they have accused you in a writen document of engaging in copyright infringement without proof.
    • damages - lost time/effort/expense to correct their error.
    • emotional distress - hey, it's an old standby - works better for people than companies.

    Depending on how many of the videos they asked to have taken down were not infringing on their copyrights, then this might be a prime target for a CAS against Viacom. That would rattle their chain - and might give the other big distributors a pause before they sent out mass takedown notices as well.

  • by raehl ( 609729 ) <(moc.oohay) (ta) (113lhear)> on Tuesday February 06, 2007 @06:17PM (#17912190) Homepage
    YouTube and Google are not supposed to demand proof. The DMCA is very specific: The party who believes their copyright has been infringed must send a signed statement stating that the copyright is theirs, under penalty of perjury. Once that has happened, the ISP must take down the content if they don't want to risk being held liable for having the content.

    So if Viacom sent the DMCA request, then the beef of the actual copyright owner is with Viacom, not with the ISP.
  • by Excelsior ( 164338 ) on Tuesday February 06, 2007 @06:29PM (#17912462)
    However, if you were to do any type of alteration to the original photo that wasn't totally automatic, even something like color correction, I could see an argument for protection on the grounds that it was a creative act.

    Wrong, sorry. The rules for Copyright Registration for Derivative Works [copyright.gov] says specifically:

    Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work.
  • by OWJones ( 11633 ) on Tuesday February 06, 2007 @06:39PM (#17912648)

    This was hashed out in a Slashdot interview with a copyright lawyer. If you're sending a notice to an ISP saying that "You're hosting work 'A' which is an unauthorized copy of my work 'X', take it down", the perjury part only applies to your ownership claim of 'X'. For example, if I put up a copy of OpenOffice and my ISP gets a takedown notice from MS saying "You're hosting an unauthorized copy of MS-Office, which we swear we own" then MS is free and clear. They /do/ own the copyright for MS-Office. And it's /hardly/ their fault that they mistook OpenOffice and MS-Office. Whoops. No harm, no foul!

    I agree the system is broken, I just wanted to clarify the perjury part.

    -jdm

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