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April 21, 2010

More copyright problems for bloggers (and others) - Hitler video parodies must end

By now it's pretty hard to avoid one of the many (hundreds?) video parodies of a scene from the German film Downfall in which Hitler is in a bunker excoriating his officers for losing the war.  It's become a viral phenomenon in which parodists add their own subtitles relating to everything from law school to Hitler as hipster.  Indeed, we recently published three of the law school related parody videos here (knock-on-wood, no take-down notices yet). 

The Open Video Alliance is reporting that the film's copyright owner has had enough of the silliness and is sending out a slew of DMCA take-down notices demanding that the video parodies be removed forthwith.  Interestingly, the copyright owner's actions raise the same issue presently before a California federal district court in Lenz v. Universal:  Whether a copyright holder has to consider the applicability of a fair use defense before sending out the take-down notice.  Until the Lenz case is resolved, the copyright holder knows most don't have the financial wherewithal to fight any ensuing litigation so they comply instead.

Hat tip to Above the Law.

(jbl)

April 21, 2010 | Permalink

Comments

Here is one of those Downfall parodies where Hitler is the producer, and his lawyers tell him why he can't do a DMCA takedown and how the EFF could stop him.

http://vimeo.com/11086952

Posted by: pcharles | Apr 22, 2010 10:06:17 AM

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