San Francisco – Conservative commentator Michelle Malkin, with the legal backing of digital civil liberties group the Electronic Frontier Foundation (EFF), has contested an attempt by major label Universal Music Group to have her podcast criticizing one of its artists removed from YouTube under the Digital Millennium Copyright Act (DMCA).

Malkin recently called Universal hip-hop artist Akon a "misogynist," and his act "vulgar and degrading" in a podcast posted on YouTube, using video footage from an Akon show to back up her points.

Universal then submitted a takedown notice, claiming the podcast violated its copyrights; Malkin responded with a counter-notice, arguing she made "fair use" of the video for the purposes of criticism and commentary.

"It is impermissible and irresponsible for copyright holders to use the DMCA as a pretext to squelch criticism," said EFF senior staff attorney Kurt Opsahl.

Under the DMCA, YouTube may repost Malkin's video ten days after receipt of her counter-notice.

Related Links:
http://www.eff.org/news/archives/2007_05.php#005245

http://www.michellemalkin.com/archives/007446.htm

http://www.youtube.com/watch?v=YZL1IHw6ea8

http://www.akononline.com