David Fisher succeeds in DCMA Takedown Notice

via the Tipline:

Mr Slater

I’m the representative of the cabal¬†operating¬†the @FisherJourno Twitter parody account. ¬†It seems you got drawn into this little experiment by David James Fisher aka @DFisherJourno early on, so I thought you might find this of interest.

I received the following Twitter notice:

FisherJourno, Jan 22 07:13 am (PST):

Hello,

The following material has been withheld from your account in response to the DMCA takedown notice copied at the bottom of this email:

- Avatar

The Avatar complained about was this one:

581686611ce2503b07d6de45fbe17152

However, on advice from Peter Aranyi, the avatar was recently changed to  

48c7586b7bebb38948faf4919ac08a55

This is the claim that David Fisher made about the original image

== Reporter: I am the copyright owner.
== Name: David James Fisher
== Company: NZ Herald
== Job title: Journalist
== Email: david.fisher@nzherald.xx.xx

== Address: 46 Albert St
== City: Auckland
== State/Province: Auckland
== Postal code: 1040
== Country: New Zealand
== Phone (optional): +6421347154
== Fax (optional): n/a

——-

== Reported Twitter account: @FisherJourno

== Reported material on Twitter: Avatar

== Description of original work: A photograph taken with my camera of me by my wife (Meriel Fawcus) in Indonesia in 1997. I hold the negative. It shows me on a skateboard on an empty road.

== Copyright holder?: I (or an authorized representative) created the image or have obtained rights to the image.

== Description of infringement: It is the profile picture for my account @DFisherJourno which has become copied across to @FisherJourno I do not know who the @FisherJourno account is used by. It falsely purports to be me and makes Twitter posts to people I interact with professionally. By using my profile picture it damages my professional reputation and harms my ability to work.

n/a

n/a

——-

== 512(f) Acknowledgment: I understand that under 17 U.S.C. ¬ß 512(f), I may be liable for any damages, including costs and attorneys’ fees, if I knowingly materially misrepresent that reported material or activity is infringing.

== Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

== Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.

== Signature: David James Fisher

Peter Aranyi‘s help was instrumental in getting the parody Twitter account pitched properly, because the image with the light saber has clearly not been affected by the DCMA complaint.

Before anyone complains about the publication of the DCMA details, David James Fisher had to agree to the following:

We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant and Chilling Effects. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.

It certainly appears Twitter isn’t too sensitive when it comes to Parody.

To be pedantic, the Copyright lies with¬†Meriel Fawcus, not with David James Fisher. ¬†So David’s DCMA takedown request wouldn’t have succeeded in its current form if challenged. ¬†Under New Zealand Copyright Law, the Copyright automatically lies with the Author, and you have to specifically contract out of this. ¬†I’m sure David Fisher knows this very well, as a “hardliner” on Copyright issues himself.

To be even more pedantic, as both David Fisher and David Fisher are New Zealanders, the DCMA doesn’t apply to either of them.

So, I¬†concede¬†a technical win, but thanks to Peter Aranyi‘s advice, a small change made the photo survive the DCMA takedown criteria.

Anyway, I think David looks quite cool on his skateboard holding a light saber.

“David Fisher” aka @FisherJourno

 

  • http://barnsleybill.blogspot.com barnsleybill

    Light sabre. FAIL.

    He should have put a long fatty German sausage in his hand.

  • http://www.whaleoil.co.nz/ Petal

    Why are Dotcom’s friends at the State Department not being asked to help out one of Kim’s mates?

  • Orange

    So he cut his left arm off with the lightsaber?

    • Jester

      Light Sabre?

      I thought it was an illuminous feltching straw!

      • 4077th

        Not having seen one Jester I will take your word for it

      • Sarrs

        I just had to google what felching is and now I will never get my innocence back

  • http://www.theologyweb.com/ Roger de Laborde

    “To be even more pedantic, as both David Fisher and David Fisher are New Zealanders, the DCMA doesn‚Äôt apply to either of them.”

    You would think, but because Twitter is in the US it does apply to Twitter. and because of those important WTO agreements, the US recognises the copyrights of non-us citizens, which means despite the fact that the DCMA should not apply to the situation it does.

    Speaking of which I notice that the US still isn’t in compliance with the WTO’s ruling on the Antigua online gambling case, so Antigua and Barbuda can ignore US intellectual property rights to a tune of US$21 million annually.

    http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds285_e.htm
    http://www.antiguawto.com/

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