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[artchain]

Apparently doctors are using a new form contract that requires patients to assign them the copyrights to any reviews that the patient may write.  As the copyright owner, the doctor can then use DMCA takedown requests to force online review sites such as RateMDs.com or Yelp.com to remove unfavorable reviews.

Seems like a stretch, but apparently this is real.  You can read about it at Eric Goldman's Technology & Marketing Law Blog, blog.ericgoldman.org/archives/2011/04/announcing_doct.htm

[Kaitlin]

I was hoping this was a belated April fool's piece, but you seem to be right, Artchain! 
Very disturbing trend. 

[MYK]

I'm a little surprised that it would matter, since websites automatically take down any content that anyone sends an objection over, without ever bothering to investigate whether the complainant has any rights.  Investigating would cost the website owner time and money, and failure to do a takedown promptly kills their safe harbor under the DMCA.

Oh well.  Something new to watch out for, anyway.

[Isaac]

Wouldn't a fairly easy work around would be for the patient not to author the review?  For example, I could write a review for my wife based on the facts as she relates them to me.   (I could even use a few "fair use" quotes.   My wife could attest to the truth of the review without authoring any copyrightable material.

There would still be the problem that the patient is breaking the contract-based prohibitions, but most likely those contract terms are not enforceable as being against public policy.

[artchain]

I'm a little surprised that it would matter, since websites automatically take down any content that anyone sends an objection over, without ever bothering to investigate whether the complainant has any rights.  Investigating would cost the website owner time and money, and failure to do a takedown promptly kills their safe harbor under the DMCA.

True, however submitting a falsified DMCA takedown claim is perjury, and most doctors aren't going to do that. 

[Isaac]

True, however submitting a falsified DMCA takedown claim is perjury, and most doctors aren't going to do that. 

Not only that, but if the copyright claim is false the true author can respond to the takedown notice and require the host to put the material back in ten days.