TVW is playing their stupid little takedown notice games again, and this time I was prepared.
About an hour ago I received notice from YouTube that they had disable my “Suzie Huckabee” video at the request of TVW, claiming I had violated their copyright. Yeah, well, so I quickly updated the original post by replacing the YouTube embed with one from Vimeo; you can view it at the top of this post as well.
I have also filed a counter-notice with YouTube, and fully expect the video to be re-enabled. If TVW wants to take this any further, I guess they’re welcome to sue me, but I think they know damn well that I have the law on my side. And of course I’m talking about the Fair Use doctrine.
My 2 minute and 16 second video includes a total of 26 seconds of copyrighted material excerpted from over 1 hour and 40 minutes of TVW streaming video. The clips are used to fact check and contrast Susan Hutchison’s claims during a KCTS debate with her statements during a Washington Policy Center annual dinner, a journalistic critique that simply would not be possible without the use of these clips.
TVW’s copyright notice may be broad and restrictive, expressly prohibiting both modification of their material and its use for commercial or political purposes, but its non-binding disclaimer does not revoke the right to fair use granted to the public over all copyrighted works. And there’s no doubt in my mind that my video does constitute fair use.
Now, I fully appreciate the purpose of TVW’s overly restrictive copyright policy, and as such I try to make use of their embedding tools whenever possible, and commend them for making these tools more functional for bloggers. TVW’s mission is to provide a public record of public events, and I can’t argue with their concern that using their material as I have might dissuade some people from allowing TVW to record their events. But… well… too bad.
Hutchison said what she said, in a public venue, on a taxpayer funded government channel, and I have every right to use these clips in the manner above. It may make TVW’s job more difficult, but that’s not my problem, and… nobody said democracy was gonna be easy.
TVW also apparently had the YouTube of Dow Constantine’s new ad pulled too (it uses a different TVW clip), so I replaced the video in the post below to one from Vimeo as well.
TVW has apparently had my Vimeo video pulled, so I’ve replaced the embed with one from LiveLeak. I’m willing to play this game all day, if that’s what they want.