Thursday, July 09, 2009

Fair use and Youtube - Canwest Media story

Dear youtube

visionOntv only publishes under a creative commons license, distributing films produced by a wide range of video producers for educational purposes and for no commercial gain.

This video ( is clearly permissible under conditions of "fair use". Rather than being a simple copy of copyright material, it is a creative remix which is "transformative", and which clearly falls under the rubric of criticism, comment, and news reporting. With regard to the last, the company complaining of copyright infringement had suppressed news of the legal judgment which found against them for refusing to show ads by the producers of this video. The producers and distributors are therefore perfectly justified under terms of fair use, and the publication of this film is strongly in the public interest. The days of media mega-corporations being able to suppress news unfavourable to them or their advertisers are, we hope, now over.

Please therefore put the video back on show, and remove the alleged copyright infringement from our records.

I consent to the jurisdiction of Federal District Court of San Francisco County, California and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

I enclose your original take-down notification below.

Yours sincerely

Richard Hering (visionOntv)

Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Canwest Media Inc. claiming that this material is infringing:

Adbusters V. Canwest - Kevin Newman speaks!:

Please Note: Repeated incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to prevent this from happening, please delete any videos to which you do not own the rights and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, please go to our Help Centre to access the instructions.

Be aware that there may be adverse legal consequences in your country if you make a false or bad-faith allegation of copyright infringement by using this process.

YouTube, Inc