PubDef Wins Fight With KSDK, YouTube Account and All 500 Vids Back Online!
At 9:09 PM we received the following email:
Dear Antonio,In accordance with the Digital Millennium Copyright Act, we’ve completed
processing your counter-notification regarding your videos:http://www.youtube.com/watch?v=DIjnOfqga5s
http://www.youtube.com/watch?v=Qr_r7XmPqQ8
http://www.youtube.com/watch?v=8Cimgwvcd6UThis content has been restored and your account has been reinstated.
Sincerely,
Harry
The YouTube Team
Our YouTube account has been restored and I am happy to report that all 507 of our videos are back online.
It was two weeks ago that KSDK Channel 5 filed two bogus copyright infringement claims against us with YouTube claiming we unfairly used segments from their news broadcasts in our media watch reports.
We maintained our usage of KSDK’s video falls under the “Fair Use” provision in copyright law and filed a counter-notification with YouTube.
About “Fair Use” from the Stanford University Libraries:
Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.
Our win against KSDK, though it will likely go completely underreported locally (like far too many significant events — which is, of course, why PubDef exists and KSDK is threatened by us), is huge in this new media vs. old media revolution which we are proudly engaged in.
One small step for PubDef; one giant leap for St. Louis independent media!
Related Stories:
Is an Alderman on the Take? (Gasp!)
KSDK Chickens Out, Doesn’t Name Accused Alderman or Air Tape
KSDK SHUTS DOWN PUB DEF’S VIDEOS
You Can’t Keep a Good Blog Down
National Coverage of KSDK Bullying
About This Author: Antonio D. French is a writer, political consultant, and newly-elected Democratic Committeeman living in north St. Louis, Missouri. Have your own opinion about this story? Go ahead and leave a comment. But be respectful to others and show you own a pair by actually using your real name. Anonymity is cowardice. And don't forget to subscribe to our feed and get PubDef stories delivered right to your feed reader or email inbox.
Comments
Congratulations, and please do pursue this legally to deter future similar actions by big media. Channel 5 violated you ethically, legally and materially. They may also have violated their own FCC license by trying to shut down an investigative report on their activities. For the sake of all new media and your readers, their actions must not be allowed to stand.
so did Owens ever name the alderman this guy alleged he was paying? or is it like it just never happened?
Does anyone care that Owens is using his position on air to give a bump to Joyce (which would imply a conflict given who his spouse is)? Joyce’s soundbite was gratuitously long–went well beyond information about this case and looked like politicking for her. The editorializing that preceded the facts in her on air comments served no purpose other than to help JJ next election. I take it she and Lyda are compadres. Ch 5 editors/management should be watching Owens’ decisions on these sorts of things.
ksdk is weak so who cares…..you just dont’ like owens because he is on the money with his reporting and tells it the way it is
he is not up your ass like bonita cornute
Congratulations Antonio! When I want to know what is going on “for real” in St. Louis Politrix, I avoid the networks and go str8 2 PUB DEF
Glad to hear. I called and wrote the station with a CC to YouTube. Never heard back from anyone at KSDK. Did not expect a rely from YouTube.
This tale does deserve telling. Pursuing the legal further … unless you get some pro bono, might be a brain drain and money sucker. Maybe a portion of your time and effort could be spent on championing for others that end up in the same predicament. Of course this is just my opinion, I don’t expect it to be embraced.
You might want to get this story on a few of the sites.
Mike Rivero http://whatreallyhappened.com/
is a industry guy (films/TV) with a kinda radical news blog/list. I like it, balances out the rest of my daily reads. wrh@whatreallyhappened.com
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You have a good friend in Bill. http://www.lofistl.com He posted the original stroy and today’s follow up.
So what is next for you? Ready to tackle bigger game?
I am glad this got resolved in PubDef’s favor.
For those imploring PubDef to pursue this legally, who would he be suing, and what did they do illegally?
Youtube owns it website and can put/up or take down images according to its own policies. Does youtube have to put up everything that PubDef wants?
KSDK made a claim to youtube that youtube eventually found wrong. Can KSDK make requests to youtube?
Youtube got it right, after a while, and KSDK excercised its constitutionally right of free speech. I see no cause for litigation, and if their were, I am sure a contingency lawyer would have contacted pubdef already.
Congrats but I don’t really think KDSK, KMOV or KTVI are threatened by your website. I like PUB DEF but please don’t get out of control your site isn’t that hot
Congrats!