Viacom: We goofed on Colbert parody takedown notice; case dismissed (Suck On That Viacom!)

[Up2Late]

(I didn't post this to LBN because I don't know this site and didn't know if it would be qualify for LBN, but this does sound like something Viacom would do.)

Viacom: We goofed on Colbert parody takedown notice; case dismissed

By Eric Bangeman | Published: April 23, 2007 - 03:00PM CT

The Electronic Frontier Foundation and Viacom have agreed to dismiss a lawsuit accusing Viacom of misusing the DMCA after the entertainment company admitted it erred in issuing a takedown notice to YouTube. The EFF and the Stanford Law School's Fair Use Project filed the lawsuit after Viacom issued the DMCA takedown notice over a clip parodying comedian Stephen Colbert, whose Colbert Report airs on Viacom's Comedy Central channel.

After the clip was taken down, the EFF and Viacom engaged in a war of words, with Viacom saying that the takedown notice "most likely did not come from us." The EFF responded by pointing out YouTube's notice that the video had been removed "due to a copyright claim by Viacom International."

"With Viacom sending more than 160,000 DMCA takedown notices, it may not even be aware which videos it told YouTube to remove," said the EFF. "If that's right, then Viacom will inevitably end up censoring some perfectly legitimate videos—surely, the MoveOn/Brave New Films video is not the only example of a fair use that got caught in Viacom's driftnet."

Viacom later conceded that it was indeed the source of the takedown notice, and has said that it issued the notice in error. Before it issues a takedown notice, Viacom says it will manually review the video in question and that it will educate its reviewers about fair use to cut down on erroneous takedown notices. The company also says that it does not challenge the use of its content if it is "creative, newsworthy or transformative" and is "a limited excerpt for noncommercial purposes."

(more at link) <http://arstechnica.com/news.ars/post/20070423-viacom-we-goofed-on-colbert-parody-takedown-notice-case-dismissed.html>

[WiseButAngrySara]

1. kick. ....n/t

[Up2Late]

2. Here's the Press Release from the Electronic Frontier Foundation

<http://www.eff.org/news/archives/2007_04.php#005212>

April 23, 2007

Viacom Admits Error -- Takes Steps to Protect Fair Use on YouTube

MoveOn.org, Brave New Films Dismiss Lawsuit Over Colbert Parody

Viacom Endorses Excerpting Video for "Creative, Newsworthy or Transformative Use"

San Francisco - Responding to Viacom's willingness to take steps to protect the free speech rights of those who post videos to YouTube and similar video sharing sites, the Electronic Frontier Foundation (EFF) and Stanford Law School's Fair Use Project (FUP) today dismissed a lawsuit filed on behalf of MoveOn.org Civic Action and Brave New Films (BNF).

The lawsuit was filed in federal court last month, after a parody of "The Colbert Report" was removed from YouTube following a meritless copyright complaint by Viacom. The humorous video, called "Stop the Falsiness," was created by MoveOn and BNF using clips from the Comedy Central television series. It was a tongue-in-cheek commentary on Colbert's portrayal of the right-wing media and parodied MoveOn's own reputation for earnest political activism.

Viacom initially denied sending the Digital Millennium Copyright Act (DMCA) takedown notice that resulted in the removal of the video from YouTube, while saying it had no objection to "Stop the Falsiness." However, Viacom later conceded it was the source of the demand and admitted error in taking action against the parody.

In the course of discussions with EFF and FUP, Viacom described the steps it endorses for protecting fair use and free expression as it targets copyright infringement on Internet video sites. This includes: manual review of every video that is a potential DMCA takedown target, training reviewers to avoid issuing takedown requests for fair use, and publicly stating that it does not challenge use of Viacom materials that are "creative, newsworthy or transformative" and are "a limited excerpt for non commercial purposes."

Furthermore, in reaction to the MoveOn/BNF suit, Viacom moved the ball forward for Internet users' rights. In order to address any similarly erroneous takedown notices in the future, Viacom has agreed to set up a website and email "hotline," promising a review of any complaint within one business day and a reinstatement if the takedown request was in error.

In light of these disclosures and commitments -- designed to protect the fair use and free speech rights of Internet users who rely on video sharing sites like YouTube -- MoveOn and BNF have dismissed their claims against Viacom.

"If copyright owners are going to be sending hundreds of thousands of DMCA takedown notices, they also have a responsibility to protect the legitimate free speech rights of the citizen creators who rely on platforms like YouTube," said EFF Senior Intellectual Property Attorney Fred von Lohmann. "By choosing to respect newsworthy and transformative uses of their materials -- and establishing a simple process that lets improperly targeted users get their material back up quickly -- Viacom has taken important steps toward meeting that responsibility. We hope other media companies will follow Viacom's lead."

"This new endorsement of Internet users' rights is a victory for the little guy," said Eli Pariser, Executive Director of MoveOn.org Civic Action. "Online sites like YouTube have revolutionized political expression and can give the little guy an audience of millions for a political point of view. A corporate powerhouse like Viacom must not be allowed to erase political content or muzzle political expression."

"Following these practices will not curb all DMCA copyright abuse," said EFF Staff Attorney Corynne McSherry. "But they are several much-needed steps in the right direction. If a major content owner like Viacom can recognize this, other content owners should be able to do the same."

For Viacom's letters outlining its policies:
<http://www.eff.org/legal/cases/moveon_v_viacom/falsiness_letter_032707.pdf>
<http://www.eff.org/legal/cases/moveon_v_viacom/0411_letter_fvl.pdf>"
<http://www.eff.org/legal/cases/moveon_v_viacom/0417_letter_fvl.pdf>

Contacts:

Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
[e-mail]

Fred von Lohmann
Senior Intellectual Property Attorney
Electronic Frontier Foundation
[e-mail]

Anthony Falzone
Executive Director, Fair Use Project
Stanford Law School
[e-mail]

Adam Green
MoveOn.org Civic Action
[e-mail]
Posted at 10:25 AM

<http://www.eff.org/news/archives/2007_04.php#005212>

[Up2Late]

3. kick n/t

:kick:

[Up2Late]

4. kick n/t

:kick: