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Professor Wendy Seltzer Takes on the NFL: WSJ Law Blog

Brooklyn Law School Visiting Assistant Professor Wendy Seltzer has taken on the National Football League in a dispute over the fair use of copyrighted material, according to Peter Lattman, author of the Wall Street Journal’s Law Blog of March 21. Ironically, the material in question is a video clip of the NFL’s own copyright message played during the Super Bowl. Professor Seltzer posted the video clip on YouTube and described it in her blog as an example to her students of how far copyright claimants go in exaggerating their rights.

The issues involved in Professor Seltzer’s dispute with the NFL, like those of Viacom’s recent lawsuit against YouTube, concern the “notice and takedown” process set forth in the Digital Millennium Copyright Act of 1998 to protect ISPs and search engines from copyright liability. Per the DMCA, YouTube takes down video clips when copyright holders request. It removed Prof. Seltzer's clip after the NFL sent a DMCA takedown notice.

Professor Seltzer sent YouTube a counter-notification, saying that it was a mistake to remove the clip because it fell under copyright's “fair use” exception as educational use of a short portion of video. As prescribed by the DMCA, YouTube replaced the video clip. Then, however, the NFL sent YouTube another takedown notice, and YouTube removed the video again. With the second takedown notice, Professor Seltzer says, the NFL misused the DMCA takedown procedure.

Professor Seltzer, who teaches Internet Law, Copyright Law and Information Privacy, is a fellow with the Berkman Center for Internet & Society at Harvard Law School, and was previously an attorney with the Electronic Frontier Foundation. She focuses on intellectual property and free speech issues of the Internet and other media.

Read the WSJ Law Blog post.

Read more about Professor Seltzer.

Read Professor Seltzer's Blog.



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This page last modified on: July 30, 2007.