UPDATED: Brianne’s misuse of DMCA

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Some of you might have read my personal blog post over on my website the other day. I was trying to keep things that aren’t filming related off of this website.

Alas, I can no longer do that. You see Brianne has decided that she is going to misuse the Digital Millennium Copyright Act.

On Saturday night, I received a DMCA takedown notice regarding my use of a screenshoot image that I took from Twitter as proof that one of her sensationalist blog posts was fabricated by her to draw attention to herself and her blog, was her copyright.

The image in question is this one:

Screen Shot 2013-10-25 at 8.58.03 AM

Let’s look at the evidence here. I took this screenshot at 8:53pm on October 25, 2013 and it’s different to the one she claims to have copyright over.

Screenshot copyright
The US Copyright Act of 1976, Section 101, says: “A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work.””

The US Copyright Act of 1976, Section 106 states “The owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (…) to prepare derivative works based upon the copyrighted work.” The U.S. law permits copying of images or text for “criticism, comment, news reporting, teaching, scholarship, or research.”

This basically means that screenshots can be used if you created it yourself. Which I did.

Now, when I responded to the DMCA takedown notice, my ISP agreed with me that the work wasn’t in violation of her copyright and could stay on the website.

Win for me I think.

Today, I received a DMCA Takedown notice from Twitter telling me that my Avatar was in violation of her copyright. This image in fact.

VCF-Avatar

How do I have a 500px x 500px version of this image you may ask. Well the answer is pretty simple. It’s because I created it and uploaded it to this website all the way back on September 19, 2013.

How someone can claim that they own the copyright to an image that appeared on their Gossip website on November 23, 2013 for the first time?

How could I have possibly have gotten access to this image a month prior to her using it?

As you can see from this screenshot (I believe I covered the use of screenshots a few paragraphs ago), she claims that an image she uploaded to her website in November (You can work it out from the date in the link – wp-content/uploads/2013/11/) is hers.

Screen Shot 2013-11-25 at 1.00.32 PM

I’d love to know what your thoughts are on this matter. Please, leave a comment. And if there are any legal eagles who specialize in copyright infringement out there, please get in touch.

UPDATE
Turns out that Brianne did actually get someone else to file the DMCA Takedown notice on her behalf, so the title of this post is more than accurate.

Screen Shot 2013-11-25 at 1.52.53 PM

UPDATE:
Turns out that the @lifeofand account that you see in the screenshot above is no longer active. A false Twitter account by Brianne? It wouldn’t be the first time that she’s used a fake account to try and justify her actions.

One Response

  1. Laurie says:

    This is absolutely disgusting. I don’t understand how she is allowed to spread lies and interfere with your legitimate business. I guess there are some people out there who will believe her but hopefully that number is dwindling.

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