New York  |  Intellectual Property

Legal Question

Asked on: 1/19/12, 7:16 am

Can a single person file a DMCA on non-commercial digital work that is used in a collaborate project, or is it protected under Fair Use?

We are a group of people working on a non-commercial non-profit project. One of our (now previous) members had contributed to this project, but has after leaving the project filed a DMCA. 1) Does he have copyright to his material just from the fact that he made it? 2) Can he file a DMCA despite initially agreeing to have his work included? 3) Does the use of his material count as Fair Use, because the project mixes his material with several other free domain materials?

Thanks!

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