Friday, April 23

Copyright Lawsuits

Righthaven has filed five lawsuits against Web sites that allegedly lifted articles from the Las Vegas Review-Journal including NORML (the National Organization for the Reform of Marijuana Laws), the association Citizens for Responsibility and Ethics in Washington, real estate agent and blogger Matt Farnham, gambling site MajorWager.com.

Copyright lawsuits over news items remain rare. What's more, when cases are filed, they tend to be against defendants who compete for readers, as happened when Gatehouse Media sued Boston.com or Dow Jones sued Briefing.com. The Righthaven cases, by contrast, are against companies that are not in the news business.

The cases seemed to have come as a surprise to some of the defendants. Farnham, the realtor who was sued last week for allegedly posting portions of two articles to his blog, says no one ever asked him to remove the material. "I would have taken it down in a heartbeat," he says.

The Digital Millennium Copyright Act does not require content owners to send publishers takedown demands before suing unless infringing content is uploaded by third-parties. That holds true even if the infringement is relatively insignificant.

Read more at Media Post.