Utube threatens to delete your account for watching videos

by Redhats Q May 24, 2006 8:47AM PDT

/http://www.stuff.co.nz/stuff/0,2106,3679246a11,00.html

and

/http://www.nzherald.co.nz/section/story.cfm?c_id=1&ObjectID=10383435

Ok I am not surprised that Telecom hated the Advert . which I posted details of here:

http://reviews.cnet.com/5208-10152-0.html?forumID=97&threadID=177352&messageID=1946322

The last links may still work. Copy it while you can and share it widly.

But now Utube has pulled them, ... Wasn't parody protected in the US? When did that change ???

But worse Utube threatened people who WATCHED THE VIDEO with account deletion !!!!!

Telecom acting all high and mighty.. I'm used to that, Pathetic NZ law that lets them, I can even live with that, Utube being a pack of wimps ???

I remember when the net was free and fun was normal, now its all lawsuits and threats...

Earlier I though they were fun, now we need to pop them up everywhere just to put telecom and utube in their place.

Like the Kids in the Ad, i feel Pi**ed off and thats totally F***ed

Ok I'm to get a peper bag and start breathing again.

And Utube Get some gonads and grow up. Telecom is just the school bully, and you outnumber them

Discussion is locked

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Maybe Anne has this wrong.

by Redhats Q May 24, 2006 10:51AM PDT

I didn't notice the author was Anne Beston. Not the most tech savy author.

I cannot get Utube to comment on this but It looks like the "posters" .. That is Uploaders have been threatened with suspension, not the viewers.

But can anyoone confirm what is ans is not fair use when it comes to parody of a website or Video clip.

Were they really in breech of copyright??

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Second report confirms my original fears

by Redhats Q May 24, 2006 2:02PM PDT

/http://www.stuff.co.nz/stuff/0,2106,3679246a11,00.html

last line

YouTube sent emails to subscribers saying anyone downloading the spoof video risked having their YouTube account "deleted".

I didn't even know you needed an account to download from utube

Forget censorship, Copyright laws are even more powerfull.

I still want to know if parody's are legal, or if you are close to their logo can they shut you down now??

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Trademarks

by rosscbrown May 24, 2006 2:27PM PDT

You will find that companies enforce very strict rules around how their trademarks (ie logos) are displayed. Most state that you are not to go changing them, for example, changing telecom into telecon.

I am now interested what constitutes fair use after all you are allowed domain names in the format of [companyname]sucks.com and so on.

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The Right to Parody

by rosscbrown May 24, 2006 2:11PM PDT

It is my understanding that you have the constitutional right to freedom of speech and expression - a parody is a method of expression so yes, parodies are legal.

My explanation is really bad (I'm not gifted with words it appears) however I know that it is not illegal to create parodies - under American law anyway.

As for the video, all I can say is that I love the ability in Quick Time to save content to your computer with just two clicks! I have a copy sitting on my disk! Just do I dare publish it?

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Parody and Copyright

by adkinsjm May 24, 2006 2:20PM PDT

The only things I can see why YouTube pulled the video is that it used the video in question instead of creating a video that just looked liked the original. I think it's akin to karoke, since some bands do not have licensed karoke music, but it could be considered parody if you sing for that intention.

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Not on utube anyway, They have bowed ...

by Redhats Q May 24, 2006 2:21PM PDT

I just got this weblog entry ... which looks like its actually based on understanding.

/http://www.publicaddress.net/default,3189.sm#post3189

its the uploders getting the message

Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

So in utubes view parody's are not legal and are a breach of copyright ... And right or wrong, if you argue ... We'll just delete your account

So There (INSERT RASPBERRY NOISE HERE)

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I have done some homework...

by rosscbrown May 24, 2006 2:32PM PDT

Re: Using Trademarks

Bally Total Fitness Holding Corp. v. Faber, 29 F. Supp. 2d 1161, 1163-64 (C.D. Cal. 199.

?An individual who wishes to engage in consumer commentary must have the full range of marks that the trademark owner has to identify the trademark owner as the object of the criticism. ? Id. At 1165 n.4.

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so it seems to be fair use

by Redhats Q May 24, 2006 2:37PM PDT

In this case the use of the trademark is Fair use as they are being shown as the one for whom the ridicule is aimed

Ironically neither Google Video or Ourmedia have removed the content, Possibly as the copyright pages show it to be a spoof using "Partial content" for parody

Look like utube saw a letter from a lawyer and reated rather than doing any sort of checking

In the meantime the News is generating a lot of interest.

Utube got to 35000 hits and other sites can look forward to similar traffic All Telecom did was make more people aware of it.

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Trademark And Copyright

by adkinsjm May 24, 2006 7:06PM PDT

Trademark and copyright are too different issues. A parody video could use the logo of the company being parodied, but using the video feed itself is problematic.

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If that were true ???

by Redhats Q May 25, 2006 8:54AM PDT

How would twisted tunes, Weird Al and Mad Magazine stay in business.

The Video footage was a montage made from bits of different adds and remerged into a new montage, New audio was run over it and a whole new intro was done.

In Net Terms ... Its a mashup

In sort, I would lve to hae seen a Kiwi firm or user sued for this as I can't see that in NZ they have a leg to stand on.

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(NT) (NT) Weird Al would get permission (or at lest used to)

by cardsbb9 May 25, 2006 9:23AM PDT

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If he uses the same score .. yes

by Redhats Q May 25, 2006 9:51AM PDT

The music and the lyrics are copyrighted seperately, so you need permission to perform the music. (actually you need only pay the performance fee.

But the copyright arguement is pretty flimsy.

And according to telecom .. They were protecting the logo .. Their Brand ...

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(NT) (NT) Hey youtube, can i get you a tissue for those tears?

by mobilegeek05-20592981391535263275494166326834 May 25, 2006 8:08AM PDT

Utube threatens to delete your account for watching videos

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