Perez Hilton suffered a serious setback in his DMCA claim against the National Organization for Marriage for their use of an excerpt from Hilton’s video rant against Miss California USA, Carrie Prejean.
In an unprecedented move, YouTube put the clip back up before the end of the 10-14 day waiting period as provided under the safe harbor provisions of the DMCA.
In what I believe is an unprecedented development, YouTube has conducted its own legal analysis of a National Organization for Marriage video that was subject to a DMCA takedown notice, and has re-posted the video prior to the expiration of the 10-14 business day counternotice window after determining that the inclusion of a 3-second clip of Perez Hilton calling Miss California USA Carrie Prejean a “dumb [beep]” was a non-infringing fair use.
Here is the video that was taken down and is now re-posted:
Visit Copyrights & Campaigns for more details on this case, and read why Perez Hilton might have to suck an egg on this one.
