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Fair Use Project Takes On Savage

Publication Date: 
October 17, 2008
The Stanford Daily
Christine McFadden

The Stanford Daily reports that the Fair Use Project, part of the Center for Internet and Society, has filed a lawsuit against radio talk show host Michael Savage:

Stanford’s Fair Use Project, founded in 2006 at the Law School’s Center for Internet and Society, represents artists of all kinds in disputes that concern fair use and infringement of property rights. The claim against OTRN and Michael Savage is that Brave New World is protected by law in displaying the copyrighted material from the radio show.

“It is improper to issue a takedown notice and make a misrepresentation to the ISP [Internet Service Provider],” said Consulting Professor William Abrams in a phone interview with The Daily.

Abrams, a partner at Bingham McCutchen LLC, is serving as co-counsel in the lawsuit.

“We believe that this is protected use both under the Constitution and the copyright laws of the United States,” Abrams added.

The copyright law Abrams is referring to is Section 512F under the Digital Millennium Copyright Act, which states that “penalties are provided for knowing material misrepresentations in either a notice or a counternotice.”