This question only pertains to federal law.
I've recently come upon an interesting legal circumstance on YouTube. I'll try to explain in a way that is understandable.
A German national contacted a US-based service provider (YouTube) making a copyright claim against a video pursuant to DMCA
The channel upon which this video was uploaded is operated by an Australian national.
The copyright interest allegedly infringed is not registered with the US Copyright Office.
The use of the allegedly infringing material is clearly fair use.
It would appear under the circumstances the complainant in this case is submitting DMCA Copyright claims in bad faith.
Section 512(f) of the DMCA appears to offer relief in the case of bad faith or fraudulent copyright claims made pursuant to the DMCA.
So three questions: 1) Being that the complainant and the alleged infringer are foreign nationals in relation to the United States does the DMCA have any force of law in this case?
2) Could a US court have jurisdiction to litigate either a case for copyright infringement or relief under section 512(f) between two foreign nationals?
3) Is it legal to submit a DMCA claim when the complainant has no registered copyright?
Thank you all for your input.
I've recently come upon an interesting legal circumstance on YouTube. I'll try to explain in a way that is understandable.
A German national contacted a US-based service provider (YouTube) making a copyright claim against a video pursuant to DMCA
The channel upon which this video was uploaded is operated by an Australian national.
The copyright interest allegedly infringed is not registered with the US Copyright Office.
The use of the allegedly infringing material is clearly fair use.
It would appear under the circumstances the complainant in this case is submitting DMCA Copyright claims in bad faith.
Section 512(f) of the DMCA appears to offer relief in the case of bad faith or fraudulent copyright claims made pursuant to the DMCA.
So three questions: 1) Being that the complainant and the alleged infringer are foreign nationals in relation to the United States does the DMCA have any force of law in this case?
2) Could a US court have jurisdiction to litigate either a case for copyright infringement or relief under section 512(f) between two foreign nationals?
3) Is it legal to submit a DMCA claim when the complainant has no registered copyright?
Thank you all for your input.