At 9:09 PM we received the following email:
In accordance with the Digital Millennium Copyright Act, we’ve completed
processing your counter-notification regarding your videos:
This content has been restored and your account has been reinstated.
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 â€” 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!