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The following statement can be attributed to Sherwin Siy, VP, Legal Affairs:
"The removal from YouTube of a Romney campaign ad featuring Obama singing Al Greens Let's Stay Together points to an erosion of fair use and an abuse of the notice-and-takedown process established by the DMCA. Even the clearest fair use runs the risk of being pulled from online hosts, if those hosts just blindly obey every takedown notice they receive. The time-sensitive nature of political campaigns means that the loss of time spent in processing a takedown notice and the putback process means that even bogus complaints can have a chilling effect on speech.
"This instance is just another reminder of the need for legislative change. Making sure that bogus takedowns are more reliably penalized will go a long way towards preventing these sorts of problems in the future, allowing political speech to proceed unimpeded. We've proposed specific changes to curb the abuse of copyright takedowns at the InternetBlueprint.org."
For a fair use analysis of the Romney campaign ad, read Siy's blog post here.