McCain’s YouTube Takedown Inspires Fair Use Fervor
There’s nothing like a misfired copyright claim to make a presidential campaign see the value of fair use. After finding several of its campaign videos removed from YouTube for copyright claims, the McCain-Palin campaign has fired off an eloquent defense of fair use — and another illustration of where the DMCA’s counter-notification process falls short.
The McCain campaign complains that its ads and web videos posted to YouTube have been removed on the complaint of news organizations whose footage was quoted:
[O]verreaching copyright claims have resulted in the removal of non-infringing campaign videos from YouTube, thus silencing political speech. Numerous times during the course of the campaign, our advertisements or web videos have been the subject of DMCA takedown notices regarding uses that are clearly privileged under the fair use doctrine. The uses at issue have been the inclusion of fewer than ten seconds of footage from news broadcasts in campaign ads or videos, as a basis for commentary on the issues presented in the news reports, or on the reports themselves. These are paradigmatic examples of fair use…
Of course the McCain-Palin team could counter-notify, but the DMCA’s 10-14 business day waiting period makes that option next to useless, when “10 days can be a lifetime in a political campaign.”
The campaign proposes an expedited process for political campaigns. EFF’s Fred von Lohmann calls for a broader solution, to protect the bottom-up political expression of citizens, not just those who would be our leaders. We shouldn’t have to battle bogus copyright claims to debate the debates. And we shouldn’t exempt politicians from the effects of their laws, so perhaps their copyright misadventures can give them a bit more sympathy for the rest of us. Let’s hope this fair use defense lasts longer than a DMCA waiting period.
It is troubling to think that Google and YouTube are using their forums for political purposes, censoring political speech with which they disagree. Then again it is troubling to know that the Main Stream Media journalists, newspapers and TV news shows are using their forums for political purposes. Ordinary citizens cannot get the attention that candidates for president can get. Nor does criticism of local politicians and local governments get the attention of prestigious law school Fair Use projects. How does one determine who sent the take down notices? All Google reveals is that it may be a violation of audio, video or both. They do not identify what the violation is.
Comment by Roy Bercaw Cambridge MA USA — October 16, 2008 @ 1:42 am
It’s funny because he voted for the DMCA. YouTube’s response is a good read as well http://amlawdaily.typepad.com/amlawdaily/files/youtube-letter-20080514.pdf
Comment by Spikeles — October 17, 2008 @ 5:33 am
I agree with Fred von Lohmann that the solution proposed by the McCain campaign is totally unacceptable. McCain’s campaign proposes two sets of rules–one that protects the right of fair use for the political elite, and one that says “screw you” to the unwashed masses. I invite anyone interested in a more detailed discussion to watch my video.
http://www.youtube.com/watch?v=d7b8Sgpx1sc
Comment by themaskedanalyst — October 27, 2008 @ 8:04 pm