The Computer and Communications Industry Association, a trade group representing technology companies, filed a complaint with the FCC alleging that selected copyright owners– including the NFL, Major League Baseball, NBC and Dreamworks– engage in unfair and deceptive trade practices (in violation of §5 of the Federal Trade Act) by including aggresive copyright notices that misstate the boundaries of fair use in copyrighted works. In re: Misrepresentation of Consumer Fair Use and Related Rights:
“This complaint concerns the systematic misrepresentation of consumers’ rights to use legally acquired content by certain copyright-holding corporations. These corporations have engaged, and continue to engage in, a nationwide pattern of unfair and deceptive trade practices by misrepresenting consumer rights under copyright law, and in some cases threatening criminal and civil penalties against consumers who choose to exercise statutorily or Constitutionally guaranteed rights. These false representations violate the letter and spirit of the Federal Trade Commission Act’s prohibition against unfair or deceptive acts or practices in or affecting commerce.”
Wall Street Journal, Google, Others Contest Copyright Warnings: “Today, the Computer and Communications Industry Association — a group representing companies including Google Inc., Microsoft Inc. and other technology heavyweights — plans to file a complaint with the Federal Trade Commission, alleging that several content companies, ranging from sports leagues to movie studios to book publishers, are overstepping bounds with their warnings. The group wants the FTC to investigate and order copyright holders to stop wording warnings in what it sees as a misrepresentative way.”
Jacqueline Palank, New York Times, Content Makers Are Accused of Exaggerating Copyright: “In a complaint to the Federal Trade Commission, the group, the Computer and Communications Industry Association, said that the National Football League, Major League Baseball, NBC and Universal Studios, DreamWorks, Harcourt and Penguin Group display copyright warnings that are a ‘systematic misrepresentation of consumers’ rights to use legally acquired content.'”
(8/6 update)
The 463 Group’s blog has a brief interview with CCIA’s Will Rodger, 3Qs: Will Rodger, CCIA — Starting a Fair Fight
Matthew Saunders, Legal Fixation, CCIA’s fair use push: “But what if I don’t know what fair use is? I guess I follow that “fair use” link. And where does that link take me? To a plain text version of Section 107, including historical revision notes. Well heck, now it’s perfectly clear!”
