Can a DMCA Takedown Notice itself be copyrighted?
Kiwifarms is one of the most toxic websites on the entire Internet. On their page regarding DMCA Takedowns (which you can see here:
https://kiwifarms.net/help/removing-content/), they acknowledge that, in order to take advantage of the DMCA, you have to dox yourself. They state that your DMCA notice will be posted in its entirety "without any information being redacted," and that this must include a return address. So your IRL name and address will be posted on that site.But here's an idea: What if, when they post the DMCA Notice, that is itself an act of copyright infringement?After all, it's not fair use if you post something in your OP and then invite other people to provide criticism and commentary on it. If that were enough, any Youtube video would automatically be fair use, just by means of turning the comment on.So could the author of a DMCA takedown notice potentially claim a copyright over the takedown notice? Obviously, he would need minimal creativity to get a copyright, but that can be accomplished through the simple expedient of giving a quick explanation as to why it's not fair use! That's minimally creative!What do you think?