It seems that the powers that be at Facebook and their archenemies over at the record labels need to hurry up and reach agreement on what is Fair Use when it comes to posting videos online. I received yet another lovely notice from Facebook today about "possible infringement" not "actual" but "possible." Read on -
Notification of Alleged Copyright Infringement
We have removed your video entitled "Cut Copy, party at Dave's, Nemo puts up the posters" uploaded at 2:23pm April 29th, 2008. We did this because we learned that your video might include copyrighted material owned by a third party, such as a video clip or background audio. If you are the copyright owner, or have permission from the rights holder to upload and distribute this material on Facebook, you may file a counter notice of alleged infringement by following the link below.
Please note that if you re-upload this video without filing a counter notice, or if you upload another video that infringes on the rights of a third party, our system will again remove the content. This could cause your access to the Facebook Video application to be disabled, or your Facebook account to be disabled.
The Facebook Team
So lets refer to the video from the Electronic Frontier Foundation that spells out our rights under the DMCA rules.
Here's the story behind the video that was taken down. The Australian band, Cut Copy, and their manager Neil are friends of mine. I invited the band to dinner at my house in Portland prior to their show in town. We had a good time, we shot video, I edited it and posted it. Seemed harmless enough but clearly not. I have filed a counter claim with Facebook so we'll see how that goes. And someone should let Universal Music know that I fed Cut Copy dinner that night too....I'll send Universal a bill... Watch another video from the same night here.
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