How Many Mistaken Takedowns Did Viacom Send?

JP has everything you need to know to get caught up on Viacom’s C&D’s to YouTube. TopTenSources is aggregating stories about takedown misfires, whether outright errors or overreaching copyright claims.

JP quotes Viacom’s Michael Fricklas saying, “Under DMCA, I believe that YouTube needs to retain the material and repost it if an individual believes that the copyright notice was in error.” As I pointed out in the comments, I don’t think that’s right — YouTube does not have to put the material back up. As long as YouTube takes the allegedly infringing content down, it gets the safe harbor and Viacom can’t go after it. It keeps that safe harbor if the content stays down, and it keeps that safe harbor if it puts the back up pursuant to 512(g).

Responding to a counter-notice following 512(g) protects YouTube from a claim brought by a *user*, but YouTube’s ToS may take care of that anyway.

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