Fair use video taken down under DMCA

A law professor who produced a video defining how people could avoid DMCA take downs using “fair use” laws has had his video taken down under the DMCA.

According to Techdirt this is the second go that Larry Lessing has had at trying to post a video explaining “fair use” and it is the second time that the video has been pulled by YouTube after a word from the Music biz.

The first time was when he used a snippet of a Warner Music song to demonstrate a point. Warner issued a DMCA takedown and YouTube pulled the content without question

At the moment it is not clear if this latest case was an actual DMCA takedown, or merely YouTube’s audio/video fingerprinting technology.

The entertainment industry insists the software can understand fair use and not block it. However if Lessing’s video was taken down then obviously it can’t.

This content was a video a “chat” Lessing had done for the OpenVideoAlliance a week or so ago, about open culture and fair use.

What is strange is that it hasn’t been taken down entirely but the soundtrack has been wiped. There is a notification somewhere that the audio has been disabled because of an audio track that has not been authorized by Warner Music Group.

Lessig is now required to fill out a counternotice challenging the takedown.