Re:Disney will send you a copyright strike if your face look...
by cmeacham98 on Wednesday June 23, 2021 @12:14AM
(#27600717)
I meant lower/middle class people and small businesses wishing to _file_ (not receiving) a DMCA takedown, and thus being subject to the "deposit".
A few years ago, when I was in college, a friend had his art stolen from his website and reused on social media by a mid-sized company. A DMCA takedown solved the issue, but being a poor college student there is no way he could have found $10k lying around to use for takedown, even temporarily.
Re:Disney will send you a copyright strike if your face look...
by gjsman-1000 on Wednesday June 23, 2021 @12:17AM
(#27600735)
@cmeacham98 This was a flaw in my original draft. I'm just trying to get some ideas down. I edited my original post to add:
"You could also make the amount required variable to company size. Small company under $1M in revenue? $500. $1-$100M? $5000. $100M+? $10000. IDK, just something."
In my theoretical example, let's say Disney slapped this person with a DMCA for the Loki look. Instead of just sending the DMCA request, they would also need to put $10,000 in escrow, and then open a meeting with an arbitrator for review.
The arbitrator's job would not be to assess it's validity, but would be to only determine whether the DMCA was frivolous or not. If the arbitrator rules it's frivolous, the $10,000 gets sent to the person pretending to be Loki. If the arbitrator rules not frivolous, the $10,000 that Disney put in escrow gets returned and it plays out like a normal DMCA.
The whole point is just that Disney, or the person filing the request, would be putting $10,000 on the line with the risk the arbitrator could rule it frivolous. If Disney disagrees, they can open a full lawsuit against the person, but that's a big risk on both sides that could still have abuse.
I'm just spitting out ideas. Maybe something like this could get refinement.