YouTube Takes Down Comedy Central Clips Based on DMCA Claims
I received a couple of emails from YouTube this afternoon (see below) notifying me that a third party (probably attorneys for Comedy Central) had made a DMCA request to take down Colbert Report and Daily Show clips. If you visit YouTube, all Daily Show, Colbert Report and South Park clips now show “This video has been removed due to terms of use violation.”
For a long time, Comedy Central has passively allowed the sharing of online clips of its shows—because let’s face it, it’s helped them generate the kind of water cooler talk that has made them a ton of money. In this Wired Interview , Jon Stewart and Daily Show Executive Producer even encouraged viewers to watch the show on the Internet:
Karlin: If people want to take the show in various forms, I’d say go. But when you’re a part of something successful and meaningful, the rule book says don’t try to analyze it too much or dissect it. You shouldn’t say: “I really want to know what fans think. I really want to understand how people are digesting our show.” Because that is one of those things that you truly have no control over. The one thing that you have control over is the content of the show. But how people are reacting to it, how it’s being shared, how it’s being discussed, all that other stuff, is absolutely beyond your ability to control.
Stewart: I’m surprised people don’t have cables coming out of their asses, because that’s going to be a new thing. You’re just going to get it directly fed into you. I look at systems like the Internet as a convenience. I look at it as the same as cable or anything else. Everything is geared toward more individualized consumption. Getting it off the Internet is no different than getting it off TV.
But apparently, all good things come to an end when there is money and attorneys involved. I assume the only online clips that will remain will have to qualify under fair use – probably short clips, with social or political importance.
With Google purchasing YouTube, ComedyCentral figured there was now an opportunity aka profit center to target. And they’ve assumably made these DMCA requests to YouTube.
So assumably, with less interesting content, YouTube is a lot less interesting now and perhaps not worth the billion dollars Google paid for it – though they knew exactly what they were getting into. It’s even possible that Apple or Viacom pushed ComedyCentral to take this step since they earn revenue from the shows.
Here is a copy of one of the emails I received:
YouTube
Dear Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Comedy Central claiming that this material is infringing:
Stephen Colbert Interviews Steve Wozniak: http://www.youtube.com/watch?v=k-whFuN0S0M
Please Note: 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.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection©(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA 94066
Email: copyright@youtube.com
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Sincerely,
YouTube, Inc.
Copyright © 2006 YouTube, Inc.
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