By Antonio D. French
Filed Thursday, September 20, 2007 at 12:26 PM
The webzine NewTeeVee.com has written about our spat with KSDK Channel 5, which has resulted in all 500 of our YouTube videos being taken off-line: Labels: Media_WatchFrench argued that the use of the clips — less than sixty seconds from two different newscasts, edited to include titles commenting on the station’s reporting — was clearly fair use. He pointed to past Pub Def footage used by Fox News to argue that this is standard operating procedure in broadcast journalism. “We think we’re ideal YouTube users,” French said of the site. “We work our butts off here; we don’t get any money, it’s completely free.”
Click here to read the full story.
Mike Shipley, the news director at KSDK, confirmed that the station had issued the takedown notice, but disagreed that French’s clip was clearly fair use. “It’s not my understanding that fair use allows for you to take the piece in its entirety and reuse it for your own purposes,” Shipley argued over the phone, continuing:
"He never approached us about the material at all. If he had excerpted something and edited all on his own and put together his own presentation about it, that would be one thing. But to simply pirate the video from our site and use it without our permission is copyright infringement."
French said that what troubles him is that in the course of a few hours he can go from providing a public service using YouTube’s platform to being completely removed from the site.
And thanks to Bill Streeter of Lo-Fi St. Louis for calling attention to our situation.
16 Comments:
THe light needs to be shined on the biased Channel 5 and Mike Owens! I heard Mike Owens can't pass the bar exam,does anyone know if this is true?
9/20/2007 1:30 PM
It sounds like someone within KSDK have connections with someone powerful who is connected somehow with YouTube and are acting out unfairly against PUB DEF.
This all happened within hours of two compliants within hours apart by the same KSDK to YouTube? Very fishy.
I think if you push the issue legally, you will be pleasantly suprised. Seems like a bad, but I am sure it will turn out for this blogs good. Go for it, and take action against these clowns responsible for such unfair actions.
I say file a lawsuit and get real national attention and expose this crap.
KSDK should be ashamed of themselves for not contacting you first to remove the video. I don't know if this is what Mike Shipley states or not, but the fact that you claim that they have used your material without permission is shocking.
Bet an attorney would love this case. KSDK should be ashamed of themselves for such devious behavior. I will not be able to stomach that station unti Mike Owens and Shipley is no longer associated with the station.
Only in racist St. Louis coulsd alocal station get away with such nonsense. I cannot even tolerate the sight of Mike Owens on the now. This smells like a rat.
9/20/2007 1:47 PM
Godd, now maybe someone will finally advertise on this site and you can make some money.
9/20/2007 1:51 PM
Go Mike Owens put this little shit in his place.
9/20/2007 1:52 PM
Yeah Mike Owens has a real job. He really does work for a news station, not for a failing school district.
9/20/2007 1:54 PM
This has nothing to do with racism. Fair use is fair use. It's a legal issue. And a pretty clearcut one in this case.
The courts have defined Fair Use: "[A] reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism."
Antonio, you clearly did not infringe anyone's copyright. If I were you I would sue KSDK to out their bullying tactics and YouTube to protect free speech and the first amendment.
9/20/2007 3:18 PM
What's ironic is that KSDK was likely attempting to reduce the embarrassment of Mike Owens' balk by having YouTube take down the evidence. As this story of free speech infringment grows into a national story and then, one hopes, a legal story (perhaps setting precedent for YouTube and the electronic frontier), KSDK's journalistic shame will have been telegraphed far and wide by its own actions.
9/20/2007 3:52 PM
May I please so bold as to remind people that freedom of the press is limited to those who own one.
While KSDK's behavior was truly terrible and not in the public's interest, I really don't see it being a legal matter.
KSDK petitioned youtube, youtube caved to KSDK. Was youtube 'right' to pull down the KSDK video? I am not sure. However, they certainly have the right to take down whatever they wish from their site. As for the non-KSDK stuff, they remedied that pretty quickly.
Unless Pubdef has a contract with youtube that certain postings cannot be taken down, I really don't see this as any more than a traditional newspaper not printing an unpopular, valid letter to the editor, amid cries of 'censorship!'
As for freedom of speech, what about KSDK's right to ask youtube to pull it down? They should to have rights as well.
9/20/2007 4:41 PM
Um yeah, Channel Five is racist.
Hey Hey Ho Ho everyone but Tony French has got to Go!
Mr. French you are a true journalist and a truly honorably man. These racist pigs at channel 5 must be stopped from attacking you! This racism must end! I am willing to bet Channel 5 actually wrote and now enforce the team 5 plan! (If you thought team 4 was bad then you won't believe how bad team 5 is!)
Damn you channel 5 and bless you French tickler you are a true journalist!
9/20/2007 5:34 PM
"As for the non-KSDK stuff, they remedied that pretty quickly."
Anonymous, the situation HAS NOT been remedied. All 500 of our videos remain off-line and we have not received any word back from YouTube in response to our repeated attempts to contact the company.
9/20/2007 5:54 PM
I am amazed how Antonio continues to pretend that this site is above or outside the political game. He wants to be part of the game by actively campaigning for candidates and issues but then whines when bitten by the game. This site is now part of the political machine of St. Louis and needs to recognize itself as such, maybe not part of the old guard but certainly part of the new guard. Political machine nonetheless. Quit acting indignant when you take a right hook after you stepped into the ring.
That said, you might think I don't like this site. Quite the opposite. I read it regularly. I think it is both relevant and significant. I just wish Antonio would stop acting like he is above the fray. Antonio, you are a politician. You can no longer be considered an outsider. Step up.
9/20/2007 9:22 PM
Looks like Owens' neighbor (and Antonio's competition) won this round.
ding ding ding
Round 2!
9/20/2007 11:08 PM
i got your back for what it's worth. this is a pretty textbook case of fair use. how else would you be able to critcize this newscast without the context of eactually showing it. just because they're not rpoud of their work gives them little right to pull down the site as a whole. acording to the DCMA circa 2000, they must post notice to you and your host provider, not just youtube. over zelaous copyright enforcement is going down. represent
9/20/2007 11:58 PM
every thing is about politics, only a political operative would use this excuse.
9/21/2007 5:10 AM
I erringly thought that youtube had put up the other videos, my apologies.
anonymous 4:41
9/21/2007 6:31 AM
Whoever posted the below, what a fool HATER you are!!!!!
Anonymous said...
I am amazed how Antonio continues to pretend that this site is above or outside the political game. He wants to be part of the game by actively campaigning for candidates and issues but then whines when bitten by the game. This site is now part of the political machine of St. Louis and needs to recognize itself as such, maybe not part of the old guard but certainly part of the new guard. Political machine nonetheless. Quit acting indignant when you take a right hook after you stepped into the ring.
That said, you might think I don't like this site. Quite the opposite. I read it regularly. I think it is both relevant and significant. I just wish Antonio would stop acting like he is above the fray. Antonio, you are a politician. You can no longer be considered an outsider. Step up.
9/20/2007 9:22 PM
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SUING KSDK IS NOT ONLY THE RIGHT THING TO DO, but will as a after effect turn out to be a great investment.
St. Louis is so racist and unfair towards African Americans, so much a racist small town atmosphere, I wonder if you could bring the lawsuit out of You Tube's home state?
9/24/2007 6:40 PM
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