Brian,

Great article. I've honestly always wondered why clips that I thought were obviously fair use of copyrighted material were constantly being taken down on YouTube? . Now I know!

I'm kind of shocked that the fair use principles aren't already embodied in 512(c). Do you have any idea if this was just an oversight on the part of the drafters of if it was intentionally excluded?

As you noted, the "subjective bad faith standard" is an incredibly hard thing to prove. Does that the fact that a rightsholder who first resorted to private things methods such as ContentID? , was informed by YouTube? that the content was fair use, and then subsequently filed a DCMA claim make bad faith any easier to prove?

-- EdwardBontkowski - 20 May 2010