TVW… WTF?

TVW is still playing their stupid little takedown notice game, now having my “Suzie Huckabee” video pulled from Vimeo, after first having it pulled from YouTube. Only this time their actions have resulted in all my videos being pulled from Vimeo, even those which consisted solely of footage I shot myself.

In response, I’ve filed a counter-notice with Vimeo, and have edited all my posts to include the embed from LiveLeak displayed above. But I doubt it will end here.

TVW’s copyright policy notwithstanding, they do not have the right to deny me permission to use clips in this manner under the Fair Use doctrine of U.S. copyright law. I assume their attorneys understand this, and thus I also assume that their continued actions constitute little more than an intentional effort to harass me into submission.

For example, just take a look at the statement TVW issued in demanding that the Constantine campaign pull a TV ad that also makes fair use of one of their clips:

The citizens of Washington trust TVW to provide unedited and unbiased access to public policy events. Editing and using our programming for political ads both violates that public trust and puts at tremendous risk the public’s access to these events.

Yesterday, I spoke directly to representatives of the Constantine campaign, requesting that the offending ad be pulled from the air immediately. This morning, the campaign’s lawyers responded that the Constantine campaign is refusing to abide by our request. We are disappointed with their response, which completely ignores the public interest and the tradition of respect maintained for TVW’s unique role.

Notice how they make the public policy argument, but not the legal one. That’s because there is no good legal argument for pulling the ads. And yet they continue to issue legal takedown notices to YouTube, Vimeo and other video hosting services pursuant to 17 U.S.C. Section 512, knowing full well that these videos are protected under U.S. copyright law as Fair Use.

Huh. One might reasonably argue that TVW has actually perjured itself in issuing these takedown notices. And given a pro bono attorney, that’s a legal argument I very well might make in a court of law.

Comments

  1. 1

    daves spews:

    And given a pro bono attorney, that’s a legal argument I very well might make in a court of law.

    ————

    Pro bono? If your case is that strong why not actually PAY someone for their services?

  2. 2

    Brenda Helverson spews:

    I was under the impression that government documents could not be protected by copyright. This principle should apply to government-produced videos. After all, your tax dollars and mine paid for TVW and financed their projects. How do they justify withholding their product from dissemination to the People of Washington who paid for it?

  3. 3

    I Got Nuthin' spews:

    Goldy, Got the number of a head honcho at TVW that we might call to voice our concerns?

  4. 5

    spews:

    Brenda, it’s certainly true that federal government documents aren’t covered by copyright. In fact, the federal government can’t legally bar someone from reprinting, say, the instructions for filling out your income tax forms and selling the repackaged materials for profit.

    Washington law may differ, of course.

  5. 6

    Chris Stefan spews:

    @2
    TVW is a 503(c) nonprofit that gets its funding from a fee-for-service arrangement with the state. My understanding is it is essentially a Washington version of CSPAN.

  6. 7

    Gabe spews:

    TVW is acting like Viacom or Time-Warner…or some other mega-corporation.

    So much for public “access.”

  7. 8

    Gabe spews:

    Wow. The TVW Board of Directors looks like a “who’s who” list of dinosaur Olympia lobbyists and ex-legislators.

    Board of Directors

    Faith Ireland – Chair. Director since January 2006.
    Just Results, Mediation and Legal Consulting. Justice, Washington Supreme Court (Ret.).

    Karla Graue Pratt – Vice Chair. Director since January 1998. Executive Director of WA Academy of Family Physicians.

    The Honorable Della Newman – Secretary. Director since October 1993. Honorary Consul for New Zealand in Washington State.

    Dean Foster – Treasurer. Director since January 2000. Chief Clerk of the House of Representatives from 1973-1984 and Co Chief Clerk from 1979-81 and 1999.

    Rick S. Bender – Director since February 2008.
    President of the Washington State Labor Council.

    Vito Chiechi – Director since April 2001. Former Chief Clerk for the House of Representatives. Founder of Chiechi and Associates, a public affairs firm.

    Denny Eliason – Director since January 2003. Founder of Alliances Northwest, government relations firm.

    Paul Goldberg – Director since June 2005. President and CEO of Pure Audio.

    Steve Hill – Director since June 2004. Administrator, Washington State Health Care Authority.

    Debora Juarez – Director since February 2008.
    Attorney at Williams Kastner.

    Steve Kipp – Director since January 2004. Vice President-Communications, Comcast.

    Valoria Loveland – Director since January 2009.
    Former State Senator and former Director of Washington State Department of Agriculture.

    John Lovick – Director since February 2008.
    Snohomish County Sheriff and former state representative.

    Ron Main – Director since January 1997. Executive Director of the Broadband Communications Association of Washington.

    Rob Makin – Director since January 2003. Provides strategic consulting and advocacy services on behalf of business interests in Washington State.

    Tom Mara – Director since February 2007. Executive Director KEXP 90.3 FM.

    Stan W. McNaughton – Director since January 2001. President and CEO of PEMCO Financial Services.

    Bill Mohler – Director since January 2009. Former President and CEO of KCTS.

    Sid Morrison – Director since February 2008.
    Former Congressman, state Transportation Secretary and state legislator.

    Dr. Karen Morse – Director since January 2009.
    Former President Western Washington University.

    Ralph Munro – Director since October 1993. Washington Secretary of State from 1980 to 2000.

    Mariana Parks – Director since February 2008.
    District Director for Congressman Dave Reichert.

    Sam Reed – Director since April 2001. Washington Secretary of State.

    Bill Ruckelshaus – Director since January 2006. Strategic Director in Madrona Venture Group. Former Administrator of the US Environmental Protection Agency, Director of Federal Bureau of Investigation and Deputy Attorney General of United States Department of Justice.

    Duke Schaub – Director since January 2007. Owner – President of Duke Schaub Associates.

    John Spellman – Director since April 2005. Governor from 1981 to 1985. Of Counsel to Carney Badley Spellman P.S.

    Benson Wong – Director since January 1997. Attorney with Keller Rohrback L.L.P.

  8. 10

    Gabe spews:

    Looks like the last time TVW pulled this stunt, they were defending Dave Reichert’s campaign. I wonder which King County Republican Party goon has TVW honchos on speed dial?

  9. 11

    Gabe spews:

    Since they are a quasi-public organization, somebody should do a public disclosure request on emails & phone calls in and out of that office everytime TVW removes Goldy’s videos…

    TVW takes millions in public dollars – but this explains why they act like for-profit corporate shills:

    TVW’s Organizational Structure and Financing
    TVW is a 501 (c)(3) non-profit corporation, not a government agency. It is governed by an independent board of directors. The majority of TVW’s operating cash – approximately $2.5 million per year – comes from the Legislature via a contract-for-service through the Secretary of State. TVW receives more than $11 million per year in the form of in-kind contributions of channel space from Washington’s cable television industry.

  10. 12

    Ben R spews:

    Any chance you can directly host it yourself, or maybe see if some other site like Crooks and Liars could assist you in hosting the video and embed their media player?

  11. 13

    spews:

    Ben @12,

    Yes, I can host it directly, and that would be my next step. But I couldn’t provide embedding functionality to others, and I don’t have the bandwidth to support much video streaming.

  12. 14

    dutch spews:

    So if I read their statement, they don’t want their material edited and used for political ads (aka propaganda). The culprits in question are you (unbiased super journalist Goldstein) and the Dow campaign.
    I bet if you would use their material in its complete form, unedited, no-spin, etc…they would have no problem with it. However as you edit it, spin it and use it out of context, they are in their right to withhold it from you.

    But that would not serve your purpose. Why is it only you and Dow running into those problems….oh, because the TVW is controlled by big bad republicans….(in WA state).
    I bet Kemper Freedman has his hands in that too…

  13. 15

    Roots spews:

    I’m looking around for someone who cares, wait, just a minute, aaahhhhhh, nope, no one.

    Inside, baseball!!

    have a good week end.

  14. 16

    Mr. Cynical spews:

    Goldy–
    You are gonna give TVW Hell…on some free attorney’s dime?
    This sums up our Goldy better than I ever could.

    Perhaps Goldy this is a DEVINE MEssage from God encouraging you to not be so mean and to get a real job doing something of value??

    I’m just sayin’

  15. 17

    Ekim spews:

    Perhaps Goldy this is a DEVINE MEssage from God encouraging you to not be so mean and to get a real job doing something of value??

    MrC, let’s ask Suzie. After all, she has a direct line, don’t you know.

  16. 18

    dutch spews:

    “All content, including text, graphics, audio, video and applications on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of TVW, which reserves all rights. Re-use of any of TVW’s content and graphics online for any purpose may be granted on a case-by-case basis provided the content and/or graphics are not modified in any way, all copyright and other notices on any copy are retained, and permission is granted by TVW. Re-use of any of TVW’s content and graphics online for any commercial or political purpose is strictly prohibited.”

  17. 19

    spews:

    Dutch…

    TVW can claim any legal policy it wants, but a non-binding disclaimer cannot trump US law. Period.

    I have the legal right to make fair use of their content.

  18. 20

    Mark1 spews:

    Absolutely comical! Whiney little chronically unemployed Davey Goldstein with way too much time on his hands whines like a sniveling little bitch over something so stupid and minute. Hardy-har-har. Get a life already Goldy, this is extremely pathetic, even for the likes of you. The rest of us are getting off work right about now, and this video removal deal is what you think matters to anyone? You must have something better to do….nevermind. Good weekend and Happy Halloween all!

  19. 22

    notaboomer spews:

    this is first thread in history of ha without a roger rabbit post. what a coincidence.

  20. 23

    Mark1 spews:

    @21 Darryl and his other brother Darryl:

    I don’t suffer from that disorder, but thank you for your caring and concern.

    @22: Wait for it, he’ll be here; his O.C.D. with H.A. won’t let him stay away. That, or perhaps he’s back in that funny looking jacket with no arms, unable to type. :)

  21. 24

    Roger Rabbit spews:

    It’s not “perjury” unless made under oath, either in court, in a deposition, or in an affidavit or other document containing a perjury declaration.

    @2 TVW is not a state agency, it’s a 501(c)(3) nonprofit organization. I assume that insulates them from the Public Records Act. If it doesn’t, then if I were Goldy, I’d start requesting copies of documents, including every e-mail and internal document relating to their policies concerning fair use.

  22. 25

    Roger Rabbit spews:

    @3 C’mon, don’t you guys know how to do an internet search? They have a website!

    President and CEO: Greg Lane
    Board of Directors: Faith Ireland, Chair

    Rick Bender, President of the Washington State Labor Council, is a director. I’d tell Goldy to talk to him. Bender might be familiar with HA. He might be sympathetic to the liberal cause. He might be able to talk to someone at TVW or give Goldy some valuable information about getting this organization to comply with the fair use laws of this country. They don’t have authority to disregard the legal rights of others or rewrite laws to their own liking.

    Their phone # is 360-725-3999
    Their fax # is 360-586-5678
    Their e-mail is tvw@tvw.org
    Their address is 1058 Capitol Way South, Olympia, WA

    Tell ‘em you’re gonna show up with 500 protesters if they don’t start obeying the law.

  23. 26

    rhp6033 spews:

    Gee, it’s been ages since I looked at this issue, and the only thing I’ve done is read a few articles about it in journals about the affect of the Digital Recording Act on copyright laws.

    But didn’t I read that someone who makes a false claim of copyright violation is subject to the same penalties as someone who violates a copyright? As I recall, the purpose of that provision was to discourage “greenmail” by persistent and well-financed organizations who might want to use threats of litigation to take what a court wouldn’t have granted them at trial.

    Of course, I could be wrong – it’s been an awfully long time since I’ve read those articles, and my memory isn’t perfect.

  24. 27

    Roger Rabbit spews:

    Oh, and one more thing — Greg Lane issued a statement today about this issue:

    http://www.tvw.org/modules/art.....tineAd.pdf

    Which I’m going to paste below in entirety. Fair use, you know. If they don’t like my posting it, they can sue me (but they gotta find me first):

    “FOR IMMEDIATE RELEASE

    “October 29, 2009

    “Contact: Greg Lane, TVW President & CEO
    360-725-3999

    “Constantine Campaign Violates TVW Policy

    “OLYMPIA, WA – TVW President and Chief Executive Officer Greg Lane today released the
    following statement regarding the use of TVW footage in a political advertisement produced by the Friends of Dow Constantine campaign:

    ““The Dow Constantine campaign is currently broadcasting a political ad that blatantly
    misuses TVW programming.

    ““The citizens of Washington trust TVW to provide unedited and unbiased access to
    public policy events. Editing and using our programming for political ads both
    violates that public trust and puts at tremendous risk the public’s access to these
    events.

    ““Yesterday, I spoke directly to representatives of the Constantine campaign,
    requesting that the offending ad be pulled from the air immediately. This morning,
    the campaign’s lawyers responded that the Constantine campaign is refusing to abide
    by our request. We are disappointed with their response, which completely ignores
    the public interest and the tradition of respect maintained for TVW’s unique role.

    ““TVW takes very seriously our civics education mission and aggressively pursues
    those who jeopardize that mission for the sake of political gain.

    ““By refusing to pull the offending ad, the Dow Constantine campaign is showing
    complete disregard for the greater public interest role TVW plays in providing
    citizens unbiased and unedited access to the public policy process.

    ““We once again call on the Constantine campaign to pull the ad off the air
    immediately.”

    “The video footage in question was taken from TVW’s October 1, 2008, coverage of the Washington Policy Center’s annual dinner. A copy of the unedited event can be viewed at the homepage of TVW.org.

    “#”

    The bottom line is there isn’t any goddam “public trust and tradition of respect” exception to the fair use doctrine.

    But apparently someone’s gonna have to sue them to get them to respect the public’s legal right to use their material within the boundaries of that doctrine.

    Looks to me like the Constantine campaign may be setting up just such a lawsuit by telling TVW to go screw themselves. The ball is in TVW’s court. They can either try to get the broadcasters that Dow bought airtime from to pull the ads, in which case Dow would have to sue them for breach of contract, or they can file their own lawsuit against Dow’s campaign.

    And no, I’m not interested in doing this pro bono; it’s gonna cost about half a mil to a million bucks. Maybe the ACLU?

  25. 28

    spews:

    Markiepoo @ 23,

    “I don’t suffer from that disorder, but thank you for your caring and concern.”

    My pleasure. But, umm, based on your posting history here, it’d be in your best interest to get a second opinion…

  26. 30

    Roger Rabbit spews:

    @14 “So if I read their statement, they don’t want their material edited and used for political ads (aka propaganda).”

    What they “want” has nothing to do with anything. It’s the law that counts.

    “The culprits in question are you (unbiased super journalist Goldstein) and the Dow campaign.”

    Substitute “citizen entitled to the same legal rights as everyone else” for “culprit” and you’re there. Your parenthetical comment is irrelevant. No one is required to be a journalist, super journalist, or flash any other credentials whatsoever to enjoy fair use rights under the law. That legal doctrine applies to everyone.

    “I bet if you would use their material in its complete form, unedited, no-spin, etc…they would have no problem with it.”

    As a lawyer with 35 years of experience, much of it as a judge, it is my professional opinion that he’s not required to do that as a condition of making fair use of copyrighted material as permitted by law, so you can shove that up your ass.

    “However as you edit it, spin it and use it out of context, they are in their right to withhold it from you.”

    Which mail order law school did you get your diploma from? This is, let’s see, what are some applicable words here? Wrong, incorrect, false, untrue, bullshit — how’s that for starters?

    “Why is it only you and Dow running into those problems….oh, because the TVW is controlled by big bad republicans….(in WA state).”

    I won’t answer this question because your paranoia already has.

    “I bet Kemper Freedman has his hands in that too…”

    Who’s Kemper Freedman?

  27. 31

    Roger Rabbit spews:

    @16 If Larry Craig can do it, why can’t Goldy? And Goldy has a better case (and an infinitely better cause) than Lar …

    … but hey, leave it to Klynical to come out in favor of suppressing free speech and public discourse.

  28. 32

    Roger Rabbit spews:

    Armchair lawyer @18: Son, you really should legal stuff to lawyers, or at least to people who have a better conception of how laws work than you do. You’re not within a country mile. TVW can say anything they want to on their website. That doesn’t make it the law. Nor can that impinge on the legal rights of others that are conferred by law — in this case, a federal statute. You’d better stick to oil changes or sweeping floors or whatever the hell it is that you actually know how to do.

  29. 35

    Roger Rabbit spews:

    @23 “@22: Wait for it, he’ll be here”

    Only thing in your life you ever got right.

  30. 36

    Roger Rabbit spews:

    @22 (continued) Sorry I’m late. I was busy this afternoon. I had to go to the post office to mail a certified letter, return receipt requested, to a public agency.

  31. 37

    Rick's Strip Club spews:

    in the news again, with unreported donation by its attorney to city attorney Tom Carr …leading to SEEC fine.

    Will the major media cover this?

    No they have a silly news blackout last weekend before an election.

  32. 38

    Right Stuff spews:

    @1
    “Pro bono? If your case is that strong why not actually PAY someone for their services?”

    *sigh*
    Because he’s a liberal..Liberals believe that they “deserve” free services. It’s their “right” as an American. I mean in the richest country in the world, why can’t we have free legal services for everyone? It’s not fair that other people can afford legal services…Did you know that (insert some made up # here) people die each year because they don’t get free legal services…it’s a crisis and we have to change it now…

    Pro bono?

    Why not first go here
    http://www.monster.com/
    or here
    http://marketplace.nwsource.com/jobs/

    And pay for it yourself????

  33. 39

    spews:

    Think it would fly if state legislators put forward a bill that anything such as this produced from state funds is mandatory freely licensed, such as Creative Commons or public domain?

  34. 42

    Roger Rabbit spews:

    @38 “Liberals believe that they “deserve” free services.”

    You mean like GOP Sen. Larry Craig running to the ACLU for free legal services?

  35. 43

    ArtFart spews:

    Goldy, I hate to say it, but you probably don’t have a leg to stand on here. Thanks to years of lobbying and bribery by the “pigopolists”, copyright law ain’t what it used to be. In addition to extending basic copyrights to nearly a century (about which some wag commented “How is allowing Irving Berlin’s heirs to collect royalties for half a century after his death going to encourage him to write more music?”, the definition of “fair use” has been drastically narrowed. You may not like it, but that’s the way it is.

    On the other hand, there probably is an issue that could be raised in Olympia as to why all this material with the state’s imprimatur all over it is being handed to some private entity to do with as it sees fit. Seems a little weird indeed.

  36. 44

    Michael spews:

    @38

    Um… The right seems to be the kings of corporate welfare at the moment.

    Most of the people I meet that think they’re entitled to everything on gods green earth seem to be members of the right.

  37. 45

    spews:

    Re 38: America has the best justice system money can buy. The ramifications of that seem to be lost on you.

    I’m sighing too, but its because of your obdurate and willful obtusity.

  38. 46

    Michael spews:

    To: greg@tvw.org

    Subject: Fair Use

    Greg,

    I have seen the material posted at Horsesass.org by David Goldstein that you asked be taken down. I believe that what Mr. Goldstein has done constitutes “fair use” of TVW material. Mr. Goldstein’s work has clearly been done for public enrichment and in the sprit of satire. The total time of Mr. Goldstein’s clip is 2’16” which clearly puts his work in line with the “Amount and Substantiality” test. It is clear that the editing of the clip was done by Mr. Goldstein, not TV W. In finding information that clearly refutes a claim made by a political candidate Mr. Goldstein’s use of TV W file footage is an example of good research and journalism. Mr. Goldstein in no way reduced the value of your product. I would argue that Mr. Goldstein has increased the value of both the clip of Susan Hutchinson posted at HA and TV W in general.

    I understand and share your concern that TV W be seen as a non-biased actor. It is your actions attacking Mr. Goldstein that put that non-biased viewpoint in jeopardy, not Mr. Goldstein’s.

    Sincerely,

    Michael XXXXXX

  39. 47

    X'ad spews:

    16. Mr. Cynical spews:

    Goldy–
    You are gonna give TVW Hell…on some free attorney’s dime?
    This sums up our Goldy better than I ever could.

    Perhaps Goldy this is a DEVINE MEssage from God encouraging you to not be so mean and to get a real job doing something of value??

    I’m just sayin’

    Leave it up to Cesspool Cynical to not know the difference between “devine” and “Divine”

    Asshole phony hypocrite Pretend Christian.

  40. 49

    doggril spews:

    Shorter @38
    “I’m such a dipshit that the only liberal ‘beliefs’ that I can successfully argue against are the ones I pull out of my ass.”

  41. 51

    Michael spews:

    Greg Lane to me
    show details 9:48 PM (1 hour ago)
    Mr. [Redacted],

    Thank you for your comments and interest in TVW.

    Sincerely,
    Greg Lane