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HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
Film Critic's YouTube Channel Shut Down
by Wendy Davis, Friday, January 16, 2009, 5:45 PM

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A film critic has become the latest casualty of a content owner's overaggressive attempts to police YouTube.

 

Blogger and essayist Kevin Lee used to have a YouTube channel where he posted his thoughts on movies along with brief clips. Incorporating copyrighted material into reviews is generally considered fair use, the same as quoting from a book in a review.

But not everyone saw it that way. YouTube recently received a complaint about Lee's piece on "And God Created Woman," which included a clip from the movie. Because the company had received two prior complaints about Lee, it deemed him a recidivist and removed the 70 videos on his channel.

A movie studio might be hard-pressed to find a judge willing to say that Lee's clip infringed on copyright, but YouTube had little choice other than to take down first and ask questions later if it wanted to protect itself under the Digital Millennium Copyright Act.

Lee is hardly alone. On the contrary, the scenario has become all too familiar. In one of the most recent cases, start-up news site ProgressIllinois.com saw its YouTube channel taken down after Fox Chicago alleged copyright infringement based on brief excerpts posted by Progress Illinois.

Uploaders can get videos restored by filing counter-notices, but the process can take several weeks. What's more, not everyone who gets a takedown notice understands the procedure for protesting.

In the meantime, it seems as if perfectly lawful clips are being silenced at the whim of copyright owners who don't like the thought of anyone other than themselves posting content.

2 comments on "Film Critic's YouTube Channel Shut Down"

  1. Eduardo Quezada from UVM Una Vez Mas LP
    commented on: January 17, 2009 at 12:25 AM
    It happened to me twice, until I decided to file and dispute the claim from a particular company. It wasn't easy but I am glad I did because I do believe that companies are abusing the system to scare people away. I almost gave up when I had to state that I was willing to go to court for it. It would be very sad to see freedom of expression interrupted on YouTube. Eduardo Quezada

  2. Paula Lynn from Who Else Unlimited; hollywood5459@verizon.net
    commented on: January 16, 2009 at 9:33 PM
    Was the clip 30 minutes or 30 seconds or 10 seconds? Could there be a limit on the percentage of clip time to the actual length of the quoted program be the answer and of course complicate things?

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