Free Speech Battle Over Online Parody of 'Colbert Report'
MoveOn, Brave New Films Sue Viacom For Illegal Takedown of YouTube Video
San Francisco - The Electronic Frontier Foundation (EFF) asked a
federal court today to protect the free speech rights of MoveOn.org
Civic Action and Brave New Films after their satirical send-up of "The
Colbert Report" was removed from YouTube following a baseless copyright
complaint from media giant Viacom.
The video, called "Stop the Falsiness," was created by MoveOn and
Brave New Films as a tongue-in-cheek commentary on Colbert's portrayal
of the right-wing media and parodying MoveOn's own reputation for
earnest political activism. The short film, uploaded to YouTube in
August 2006, includes clips from "The Colbert Report" as well as
humorous original interviews about show host Stephen Colbert. In March
of this year, Viacom -- the parent company of Comedy Central --
demanded that YouTube take "Stop the Falsiness" down, claiming the
video infringed its copyrights.
"Our clients' video is an act of free speech and a fair use of
'Colbert Report' clips," said EFF Staff Attorney Corynne McSherry.
"Viacom knows this -- it's the same kind of fair use that 'The Colbert
Report' and 'The Daily Show' rely upon every night as they parody other
channels' news coverage."
Under the Digital Millennium Copyright Act (DMCA), a mere allegation
of copyright infringement on the Internet can result in content
removal, silencing a creator before any misuse is proven. This "shoot
first, ask questions later" system can silence online artists and
critics, creating unfair hurdles to free speech.
"Online sites like YouTube have revolutionized political expression
and can give the little guy an audience of millions for a political
point of view. An entertainment powerhouse like Viacom must not be
allowed to muzzle independent video creators and their free speech,"
said Eli Pariser, Executive Director of MoveOn.org Civic Action.
"Copyright owners need to double-check their claims and think about
free speech rights before erasing political content from sites like
YouTube and misusing the DMCA."
The lawsuit asks for a declaratory judgment that "Stop the
Falsiness" does not infringe any Viacom copyright, as well as damages
and injunctive relief restraining Viacom from bringing any more
copyright claims in connection with the video. EFF is working with
Stanford's Center for Internet and Society in this case.
For more on the lawsuit:
http://www.eff.org/legal/cases/moveon_v_viacom
To watch "Stop the Falsiness":
http://falsiness.org/
Contacts:
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Trevor Fitzgibbon or Alex Howe
Fenton Communicati
Today , I, Freedomswanusa , woke up to my Suspended Youtube account.
It was suspended because a News Station , WNDU , didn't like that I uploaded the video of a publicly held town council meeting where a councilman .David Snyder was noticably beaten by a Police Officer namer Tiller. The spin from another councilman was that Mr Snyder attacked the Police Officer but the video shows otherwise. The Spin from the News Papers is also spinning the story but what they haven't told you is that besides being involved in Real Estate, this man is also the treasurer for the town and this meeting was to resolve a law suit and to come up with a budget.
Yes, this sounds like a time when a Treasurer needs to be ousted from a Town Meeting when he is saying that Criminal activity is happening in the town.
Here is the FULL Story from the News Source that felt a danger to having me post this corruption on Youtube.
Roseland council member David
Snyder was taken to St. Joseph County jail and held overnight after an
incident during a Roseland council meeting.
He was
released after the prosecutor's office reviewed the police report and
decided to drop the felony charge, clearing way for Dorothy Snyder to
bail him out.
David
Snyder was put in jail after David Snyder was ejected from a budget
meeting Friday night, before being taken to the ground outside by a
Roseland police officer.
The
melee started because David Snyder protested after being given only one
minute to speak by council member Charlie Shields. After a heated
argument, laced with profanities, Shields kicked Snyder from the
meeting.
Snyder
slowly walked from the meeting, escorted by Officer Jack Tiller. When
he got into the lobby, turned and said something to Tiller who appears
to shove Snyder who falls hard into the glass door and outside.
NewsCenter16's
camera then shows David Snyder on the ground outside the town hall with
Officer Tiller on top of Snyder. There are calls for Snyder to stop
resisting as the officer appears to pound Snyder's head.
David Snyder was then taken to the hospital to be checked out before being taken to jail.
Roseland
town council member David Snyder is calling for the resignation of a
town marshal after a fight at Friday night's meeting.
Snyder says while he was being arrested, he became a victim of police brutality.
A felony charge of battery of a police officer was dropped.
The
St. Joseph County prosecutor's office reviewed the police reports
Saturday morning, dropped that charge but left two misdemeanor charges.
That meant he could bond out of jail. Now he’s recovering at home.
On
that home, signs calling for the Snyders to leave still remain after
vandalism months ago, and with those it may be a surprise to learn that
some are actually "siding with the Snyders."
David
Snyder said, “I'm a victim of a rogue cop a cop that should no longer
be wearing a badge and he should no longer be on the streets. He is a
danger to society.
There were only two real witnesses to the fight.
Snyder
who was kicked out of the meeting who says, “I’m walking out of the
conference room and Jack is breathing down my back and somebody yells
at me to turn around and look at them. And I say to Jack ‘Oh the bully
is still whatever’ and he is just goes ballistic. Just ballistic and he
shoves me shoves me through the door. I pass out and come to and he is
pounding on me.”
The other witness was Marshal Jack Tiller. NewsCenter16 tried talking to him, but his wife answered the door.
When
we asked for his side of the story, she responded “We'll you guys have
smeared his name enough thank you.” She added the video does not show
all that happened.
Some
say, such as council member Ted Penn who declined an on camera
interview said in the time chaos erupted, David got a punch in.
But David claims that’s not the case and he is considering a lawsuit against the town.
“I think that when someone is victimized and brutalized by a police officer that is a good potential,” Snyder added.”
Snyder says he will have to appear in court in October.
I would have had the video embedded here but......
http://www.wndu.com/videoplus/headlines/9834111.html
|
Write Youtube.com and tell them they went to far in suspending Freedomswanusa Youtube Channel over a free on the airwaves newstory.
Write
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
to complain about the suppression of News that is Information for the masses.
|
Do you think the Station went too far with their use of force in Suspending FreedomswanUSA's Youtube Account?
|
Yes
 |
�8% |
No
 |
12% |
I can't tell
|
4% |
|
| |
Under the Digital Millennium Copyright Act (DMCA), a mere allegation of
copyright infringement on the Internet can result in content removal,
silencing a creator before any misuse is proven. This "shoot first, ask
questions later" system can silence online artists and critics,
creating unfair hurdles to free speech.
Commercial Content Is Copyrighted
The most common
reason we take down videos for copyright infringement is that they are
direct copies of copyrighted content and the owners of the copyrighted
content have alerted us that their content is being used without their
permission. Once we become aware of an unauthorized use, we will remove
the video promptly. That is the law.
Some examples of copyrighted content (although not all) are:
- TV shows
- Including sitcoms, sports broadcasts, news broadcasts, comedy shows, cartoons, dramas, etc.
- Includes network and cable TV, pay-per-view and on-demand TV
- Music videos, such as the ones you might find on music video channels
- Videos of live concerts, even if you captured the video yourself
- Even
if you took the video yourself, the performer controls the right to use
his/her image in a video, the songwriter owns the rights to the song
being performed, and sometimes the venue prohibits filming without
permission, so this video is likely to infringe somebody else's rights.
- Movies and movie trailers
- Commercials
- Slide shows that include photos or images owned by somebody else
A Few Guiding Principles
- It
doesn't matter how long or short the clip is, or exactly how it got to
YouTube. If you taped it off cable, videotaped your TV screen, or
downloaded it from some other website, it is still copyrighted, and
requires the copyright owner's permission to distribute.
- It doesn't matter whether or not you give credit to the owner/author/songwriter—it is still copyrighted.
- It doesn't matter that you are not selling the video for money—it is still copyrighted.
- It doesn't matter whether or not the video contains a copyright notice—it is still copyrighted.
- It doesn't matter whether other similar videos appear on our site—it is still copyrighted.
- It
doesn't matter if you created a video made of short clips of
copyrighted content—even though you edited it together, the content is
still copyrighted.
What Will Happen If You Upload Infringing Content
Anytime
we become aware that a video or any part of a video on our site
infringes the copyrights of a third party, we will take it down from
the site. We are required to do so by law. If you believe that a video
on the site infringes your copyright, send us a copyright notice
and we will take it down. If you believe that we have removed a video
that you uploaded in error and that you are the copyright owner or have
permission, you can file a counter notice
and let us know. If you repeatedly post infringing content, your
account will be terminated. This is also a requirement of the law.
Using Some Copyrighted Content in Your Videos
While
videos that are direct copies of someone else's content are clear
copyright violations, there are certain very limited circumstances in
which the use of very short clips of a copyrighted video or song may be
legal even without permission. This is known as the "fair use"
principle of copyright law.
To determine whether a
particular use of a short clip of a copyrighted video or song qualifies
as a "fair use," you need to analyze and weigh four factors that are
outlined in the U.S. copyright statute. Unfortunately, the weighing of
these four factors is often quite subjective and complex, and for this
reason, it's often difficult to determine whether a particular use is a
"fair use." If the copyright owner disagrees with your interpretation
of fair use, the copyright owner may chose to resolve the dispute in
court. If it turns out that your use is not a fair use, then you are
infringing the copyrights of the owner and you may be liable for
monetary damages.
If you would like to learn more about the
principle of fair use, below are a few links to websites that discuss
it. Please remember, however, that your decision about whether and how
to exercise your fair use rights is solely yours, and we at YouTube
bear no responsibility for your decision.
Fair Use Links on the Web
DISCLAIMER:
WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT
LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES
ONLY.
|
The Police State 