UMG Claims “Right to Block or Remove” YouTube Videos it Doesn’t Own
December 17th, 2011Via: Ars Technica:
Universal Music Group has responded to Megaupload’s request for a temporary restraining order barring the music giant from further interference with the distribution of its “Mega Song.” UMG insists that it had a right to take down the video—not under the Digital Millennium Copyright Act, as Megaupload had assumed, but under a private contractual arrangement between UMG and YouTube.
UMG’s filing raises more questions than it answers. Most obviously, the firm has not explained why it took down the video in the first place. But the filing also raises deeper questions about UMG’s effort to essentially opt out of the DMCA takedown rules. UMG seems to believe it can take down videos even if it doesn’t hold the copyright to them, and that when UMG takes a video down from YouTube, the owner of that video can’t avail herself of even the weak protections against takedown abuse provided by the DMCA.
