Wednesday, October 6, 2010

CDT releases report on campaign uses of copyrighted material

The Center for Democracy and Technology has released a new report documenting political campaigns' uses of third-party materials, and the copyright battles that sometimes ensue. Readers of this blog will be familiar with many of the incidents described in the report, but the author, CDT Policy Analyst Andrew McDiarmid, also unearths a few I was not aware of. While I might quibble a bit with the emphasis the report places on the notice-and-takedown provisions of the DMCA, I agree with its overall conclusion that too often content owners, particularly news organizations, have sought to enforce their copyrights out of concern for their reputational interests -- a form of damage that is really not cognizable in copyright law. Definitely read the whole thing.

1 comment:

  1. If you'll permit a bit of self-promotion: Readers may be interested in my articles The Trademark/Copyright Divide, 60 SMU Law Review 55 (2007) (cited in the CDT's report), and A Tale of (At Least) Two Authors: Focusing Copyright Law on Process Over Product, 34 Journal of Corporation Law 1009 (2009), in which I discuss similar issues. Both articles are available via


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