Just a little rant against youtube and Fox Studios
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G. Patton Hughes
Mar 6, 2013, 5:38:01 PM3/6/13
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Hello folks:
Here are the facts. The movie Grand Canyon (1991) contains a scene
relatively early in the movie. Kevin Kline is returning from a Laker's
game and his car goes kaput in a rather tough part of town and he calls
for a tow.
The other main character in the movie played by Danny Glover meets Kline
in the scene in which a car load of toughs come and accost Kline.
In the first request for fair use, I asserted that use of 2:20 seconds
of this movie was fair use and of value in the discussion surrounding
guns in the wake of the Newtown massacre.
I wrote in the initial defense of the use that 'In a movie full of
scenes that explore modern societies foibles, this one probably explains
succinctly why guns are considered near magical objects by their
possessors.
In the scene the street punk asks the Glover character about the topic
of respect. Glover responds that the conversation would even be
happening if the punk didn't have a gun. The punk replies, "that is
what I thought, no gun ... no respect. That is why I always got the gun."
The short video clipped from the movie was uploaded as part of a reply
to a message board and received a grand total of nine-views.
The copyright holder is Fox. They issued the take down. I countered the
fair use defense but on December 19, they took it down and left me with
the option of responding and making it an issue. As this was right
before the holiday, I was in no mood and it really made little difference.
However, I find that having a 'copyright' strike on my youtube account
is preventing me from performing live streaming, at least for a time.
Add the delicious nature of Fox being the complaining party and that
corporations pro-gun agenda and I'm not sure I ought to just let it go
and accept that instance as just another unjustified erosion of the
public commons promised by fair use.
End of rant.
G. Patton Hughes
Here are the facts. The movie Grand Canyon (1991) contains a scene
relatively early in the movie. Kevin Kline is returning from a Laker's
game and his car goes kaput in a rather tough part of town and he calls
for a tow.
The other main character in the movie played by Danny Glover meets Kline
in the scene in which a car load of toughs come and accost Kline.
In the first request for fair use, I asserted that use of 2:20 seconds
of this movie was fair use and of value in the discussion surrounding
guns in the wake of the Newtown massacre.
I wrote in the initial defense of the use that 'In a movie full of
scenes that explore modern societies foibles, this one probably explains
succinctly why guns are considered near magical objects by their
possessors.
In the scene the street punk asks the Glover character about the topic
of respect. Glover responds that the conversation would even be
happening if the punk didn't have a gun. The punk replies, "that is
what I thought, no gun ... no respect. That is why I always got the gun."
The short video clipped from the movie was uploaded as part of a reply
to a message board and received a grand total of nine-views.
The copyright holder is Fox. They issued the take down. I countered the
fair use defense but on December 19, they took it down and left me with
the option of responding and making it an issue. As this was right
before the holiday, I was in no mood and it really made little difference.
However, I find that having a 'copyright' strike on my youtube account
is preventing me from performing live streaming, at least for a time.
Add the delicious nature of Fox being the complaining party and that
corporations pro-gun agenda and I'm not sure I ought to just let it go
and accept that instance as just another unjustified erosion of the
public commons promised by fair use.
End of rant.
G. Patton Hughes
Jacob
Mar 7, 2013, 2:22:04 PM3/7/13
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Gary,
Sounds like you're within your fair use rights to me, I'm not a lawyer though :)
You should report it here - http://chillingeffects.org/input.cgi
I'm sure there's a lot of similar cases there that you can look at
Also maybe consider hosting your videos on archive.org which is more supportive of fair use and might not respond as aggressively to takedown requests
~Jacob
Sounds like you're within your fair use rights to me, I'm not a lawyer though :)
You should report it here - http://chillingeffects.org/input.cgi
I'm sure there's a lot of similar cases there that you can look at
Also maybe consider hosting your videos on archive.org which is more supportive of fair use and might not respond as aggressively to takedown requests
~Jacob
On Thu, Mar 7, 2013 at 2:00 AM, <jtm...@googlegroups.com> wrote:
Group: http://groups.google.com/group/jtmlist/topics
"G. Patton Hughes" <publ...@paulding.com> Mar 06 05:38PM -0500
Peggy Holman
Mar 7, 2013, 3:13:10 PM3/7/13
to JTMlist
You might also check with the Digital Media Law Center: http://www.dmlp.org. Jeff Hermes, the Director, may even be on this list.
Peggy
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Peggy Holman
Journalism that Matters
15347 SE 49th Place
Bellevue, WA 98006
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Tish Grier
Mar 7, 2013, 8:17:51 PM3/7/13
to G. Patton Hughes, jtm...@googlegroups.com
Get in touch with Pat Aufderheide at the Center for Social Media at American University:
http://www.centerforsocialmedia.org/
The Center uses the term "social media" as in media to change society, not as in a platform for socializing. They work a lot with fair use and free speech viz documentaries. There always seems to be someone aruging against what is currently considered fair use . Pat is an authority on the subject, has done a lot of legal work, etc. She should be able to help.
Good Luck!
Tish Grier
From: G. Patton Hughes <publ...@paulding.com>
To: jtm...@googlegroups.com
Sent: Wednesday, March 6, 2013 5:38 PM
Subject: {JTM} Just a little rant against youtube and Fox Studios
http://www.centerforsocialmedia.org/
The Center uses the term "social media" as in media to change society, not as in a platform for socializing. They work a lot with fair use and free speech viz documentaries. There always seems to be someone aruging against what is currently considered fair use . Pat is an authority on the subject, has done a lot of legal work, etc. She should be able to help.
Good Luck!
Tish Grier
Social Media Strategy, Content, Community & Analysis
From: G. Patton Hughes <publ...@paulding.com>
To: jtm...@googlegroups.com
Sent: Wednesday, March 6, 2013 5:38 PM
Subject: {JTM} Just a little rant against youtube and Fox Studios
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