Did Michael Savage Violate The DMCA By Demanding Takedown Of Content Already Declared Fair Use?

We've written a few times about radio show host Michael Savage and his misuse of copyright law. Last year, he sued a group that he had criticized on-air for using the clip from his show on their website to respond. It took just a few months for a court to toss out the lawsuit and explain the basics of fair use to Savage.

However, soon after that, Savage and his syndicator, Online Talk Radio Network (OTRN), sent out new DMCA notices, including one to the documentary film company Brave New Films, for a video clip that used the same material that had been used in the original lawsuit in a commentary about Savage. In response, Brave New Films, with the help of Stanford's Fair Use Project sued Savage and OTRN. Savage responded on a number of points, trying to get himself out of the lawsuit, which have now been rejected by the court, though some interesting questions are raised by Eric Goldman in analyzing the decision.

First, Savage claimed that he's not liable for a false DMCA takedown ... more.

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