Hey, there! Log in / Register

Channel 7's response to Pete Bouchard video no laughing matter

Justin Silverman discusses the legal banhammer Channel 7 is using to try to remove every last copy of the infamous Pete Bouchard measurement video - the federal Digital Millennium Copyright Act:

... Under the DMCA's safe harbor provisions, websites are protected from copyright liability for hosting videos posted by users so long as they promptly remove the infringing material when notified by the copyright holder. WHDH didn't want its weatherman creating a storm, so as the copyright owner of the news program it could request that YouTube pull the video from its site.

The DMCA's notice-and-takedown mechanism puts the onus on the individual who posted the material to send a counter-notice asking that the material be put back up and usually raising some defense to copyright infringement, such as fair use. In this case there's a fairly strong argument that the 27-second clip of Bouchard is fair. The amount of the original broadcast used is very small, the purpose of the clip is to spur public discussion, and there is arguably no effect on WHDH's news market. It's likely WHDH either didn't consider fair use before ordering the clip's takedown, or it simply didn't care.

He notes there's currently a YouTube fair-use case in federal court.

Topics: 
Free tagging: 


Ad:


Like the job UHub is doing? Consider a contribution. Thanks!

Comments

Howard Stern played the audio of this clip this morning on his show.

up
Voting closed 0

ACLU would most likely take up you defense, and anything under 30 seconds is fair use.

Apparently WHDH doesn't understand how the tubes works. If anything, they should have been savy and used it as an oppertunity.

up
Voting closed 0

And it was on The Soup on the E! network...

up
Voting closed 0

The clip will around a while. You can download the episode of "The Soup" on iTunes.

up
Voting closed 0

All it takes is one person with the guts to say the magic words: "So sue me, and watch the Streisand effect."

up
Voting closed 0

The Streisand effect is already taking place. HDH should have done NOTHING and watch it die. Now their attempts to remove it are itself becoming news...

up
Voting closed 0

They're getting publicity by this issue staying in the news.

up
Voting closed 0

I believe Channel 7's explanation for the clip. But the whole thing probably would have quieted down at least a bit had WHDH not gone nuclear.

up
Voting closed 0