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DMCA-"Fair Use" Test Continues

Berkman Fellow Wendy Seltzer was notified yesterday that the Super Bowl XLI "highlights" posted to Youtube will be made available once again, following her DMCA counter-notification.

Originally posted on February 8th, the clip plays the video and audio of the NFL's copyright warning from the Super Bowl, which Wendy used for educational purposes with her course in Copyright at Brooklyn Law School.  Five days later she received notification from Youtube of its infringement and that the clip had been pulled from the website.

Drawing on her vast experience as Staff Attorney for Electronic Frontier Foundation (EFF), Wendy immediately filed a counter-notification which requires action within 14 business days.  Due to the NFL's decision to not file suit, the clip will be restored.

Wendy chronicled this series of events in greater depth on her blog and wonders how many illegal takedowns make use of counter-notifications.