DCMA should never silence negative criticism & raising awareness of dangerous individuals
The Issue
In 1998 the US Congress updated the copyright laws for the digital age with the Digital Millennium Copyright Act but currently there are loopholes being exploited by individuals to silence potential negative criticism. This is currently happening on YouTube where it is documented that certain individuals are using the copyright claiming system. Criticism and all forms of critic fall under fair use but YouTube is not recognizing the law as it is meant to be followed. Some of those claiming copyright are using YouTube and other such platforms for purposes violating and defrauding individuals and are using their content to raise awareness of their actions for they themselves are victims or from second hand information from victims of such fraud and abuse. In some cases what they are claiming against is not even registered with the copyright office and no copyright exists for no such content and theirfor in the public domain. In all these matters where materials fall under fair use and does not infringe on copyright is called copyfraud and it happens more often then the media reports on it. No where on a copyright claim form does it state “I swear under penalty of perjury that the materials I am claiming are registered with the federal copyright office in Washington D.C. and will provide reference materials and certificate numbers upon request and this claim is not meant infringe on one’s rights to under established laws and practices of fair use including but and not limited to parody, journalism, criticism, or a transformative work and established by Congress and the federal courts and face a $25,000 fine, and or civil penalties, or imprisonment or my claim being dismissed if my statements not being truthful.” If all claimets had to swear under oath that their claim is legitimate and is an actual infringement of their rights as copyright holders then copyfraud would be less frequent. It’s not just happening on YouTube back in 2015 The Walt Disney Company claimed a photograph of an action figure that on sale early the picture was posted on Twitter and shortly afterwards Disney retracted their claim afterward. We the signatories of this petition simply ask for an amendment to the DCMA to prevent such abuse and preserve fair use of copyright in all it’s forms across all forms of media.
The Issue
In 1998 the US Congress updated the copyright laws for the digital age with the Digital Millennium Copyright Act but currently there are loopholes being exploited by individuals to silence potential negative criticism. This is currently happening on YouTube where it is documented that certain individuals are using the copyright claiming system. Criticism and all forms of critic fall under fair use but YouTube is not recognizing the law as it is meant to be followed. Some of those claiming copyright are using YouTube and other such platforms for purposes violating and defrauding individuals and are using their content to raise awareness of their actions for they themselves are victims or from second hand information from victims of such fraud and abuse. In some cases what they are claiming against is not even registered with the copyright office and no copyright exists for no such content and theirfor in the public domain. In all these matters where materials fall under fair use and does not infringe on copyright is called copyfraud and it happens more often then the media reports on it. No where on a copyright claim form does it state “I swear under penalty of perjury that the materials I am claiming are registered with the federal copyright office in Washington D.C. and will provide reference materials and certificate numbers upon request and this claim is not meant infringe on one’s rights to under established laws and practices of fair use including but and not limited to parody, journalism, criticism, or a transformative work and established by Congress and the federal courts and face a $25,000 fine, and or civil penalties, or imprisonment or my claim being dismissed if my statements not being truthful.” If all claimets had to swear under oath that their claim is legitimate and is an actual infringement of their rights as copyright holders then copyfraud would be less frequent. It’s not just happening on YouTube back in 2015 The Walt Disney Company claimed a photograph of an action figure that on sale early the picture was posted on Twitter and shortly afterwards Disney retracted their claim afterward. We the signatories of this petition simply ask for an amendment to the DCMA to prevent such abuse and preserve fair use of copyright in all it’s forms across all forms of media.
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Petition created on January 22, 2020