Groups ask networks, YouTube to alter takedown protocol
With just two weeks left until the presidential elections, a coalition of public interest groups is calling on both broadcast networks and YouTube to modify their approaches to copyright infringement claims that involve political content.
On Monday, groups including the Electronic Frontier Foundation, the American Civil Liberties Union, and American University's Center for Social Media, sent an open letter (PDF) to CBS, the Christian Broadcasting Network (CBN), Fox, and NBC, asking them to stop sending Digital Millenium Copyright Act takedown notices to YouTube over short clips of news footage used in election-related videos. (Disclaimer: CNET is published by CBS Networks, home of CBS News.)
"Not only are such notices contrary to the law, but they also threaten to silence an exciting new source of political expression," the letter says. "This new form of expression, often built on quoting and remixing from news and other mainstream media sources, does not threaten the copyright interests of your organizations."
The letter notes that the networks have sent takedown notices to YouTube targeting videos made by both the Republican and Democratic presidential campaigns. It cites complaints from Republican John McCain's presidential campaign that its videos were removed from YouTube on unfounded copyright infringement claims.
"We understand your organizations' desire to be seen as neutral, but given the extremely short nature of the news clips at issue and the context in which these clips appear, it is unlikely that anyone would believe that the use of the clips by a candidate means that your organizations are somehow supporting that candidate," Monday's letter says.
YouTube responded to the McCain campaign's complaints last week, saying it could not give the campaigns special treatment by conducting a "full legal review" of political videos subject to takedown notices before removing them.
Yet in a second letter (PDF) sent Monday, the coalition of public interest groups also asks YouTube to more carefully review videos in question. The letter says YouTube staff should review counter-notices, and YouTube should immediately re-post the video in question if it clearly falls under the category of fair use, rather than wait 10 to 14 days.
"The relatively small number of counter-notices filed by users should make this a manageable task for YouTube personnel," the letter says.
The letter also suggests that once a user has submitted a valid counter-notice, any takedown notices issued against his or her account should be reviewed by YouTube staff before acted upon.
"We understand that whether a particular video constitutes a fair use can be a difficult determination to make," the letter says. "Nevertheless, there are clear cases, particularly where short news clips are used in the course of a political video intended as commentary or criticism."
Stephanie Condon is a staff writer for CNET News focused on the intersection of technology and politics. She is based in Washington, D.C. E-mail Stephanie. 
DMCA notice is enough for the rest of us. Why treat the politicians any different? Weren't they directly involved in passing this law? How will YouTube, or anyone else, protect themselves against law suits from copyright owners if they do not comply with the law.
For all you politicians who are paying attention (probably none), I'll tell you what you've been telling us, "If you don't like the law, change it!" It's about time they took some of their own medicine. No leniency for the idiots who gave us the law to begin with!
There is no reason that current election campaigns *have* to use video content from other people. Election have worked for the last 200+ years without it. Or they could try asking permission first.
Isn't one thing about the current administration that people dislike is that they seem to have over stepped some laws in some cases?
The Failr Use doctrine allows TV networks, radio, newspapers, politicians, etc to use copyrighted material of others without permission.
If the Fair Use doctrine DOES NOT APPLY to the internet then the TV networks, radio, newspapers, and news gathering organizations that publish content on the internet that contains such copyrighted material should be considered in violation of copyright law.
If politicians can create TV commercials with copyrighted material of others that the TV networks run without complaint then why can't they publish the same content or original works on the internet when the TV networks are already doing this?
- by mpeetsma October 21, 2008 8:32 AM PDT
- If McCain actually held the courage and convictions he constantly states he holds, then He should have the courage to campain on the issues, remain within the laws and let the american people decide. Instead he insists on taking the more cowardly approach of belittling himself, his candicacy, the american people and america as a nation through insults, law suits and all round bullying.
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(5 Comments)and this is the character of a President America wants?