CNN Disappears Our Clip – A Follow Up

April 19, 2009

UPDATE: We have posted an in-depth video report that examines the Chicago Tea Party from the inside out. It includes the video CNN has forbidden us to show to you. Check it out.

People in the blogosphere are reacting to YouTube’s disappearing of our clip at CNN’s demand.

Powerline writes:

It is hard to avoid the inference that in this case, CNN was motivated not by a desire to protect its intellectual property but by a desire to avoid embarrassment caused by the unprofessional performance of its reporter. In today’s world, though, it just isn’t possible to track down all copies of a video and suppress them, when the video relates to a matter of broad and legitimate public interest. That CNN is willing to make the attempt reveals something, perhaps, about its attitude toward the public’s right to be informed.

Patterico write

We have to stop these thugs from reading fair use out of the law whenever they’re embarrassed.

From our comment section:

I believe Founding Bloggers’ use of the CNN footage was fair use, and that CNN’s takedown notice to YouTube was improper.

-Ben Sheffner

And From Ben’s own site

CNN does own copyright in its own news footage and, as a general matter, has the right to demand its removal from YouTube. However, as to this particular video, I think Founding Bloggers has a very strong fair use defense. The purpose for Founding Bloggers’ posting of the CNN footage is crystal clear: to comment on and criticize CNN’s reporting on the “Tea Party.” Such a use is right in the heartland of the fair use doctrine; the statute specifically mentions “criticism, comment, [and] news reporting” as protected uses that are “not an infringement of copyright.” 17 U.S.C. § 107. To quickly run through the four fair use factors as they apply here: 1) the use is transformative (for critical comment); 2) the CNN footage is factual, not fictional, and was previously broadcast; 3) the amount used is small in relation to the whole CNN broadcast; and 4) any effect on the market is minuscule (and if fewer people watch CNN because this video causes them to think less of its coverage, that’s simply not cognizable harm). Many fair use cases are difficult, close calls–but, given the facts as I know them, this is an easy one.

We are in the process of consulting our Founding Bloggers legal team to decide if we are going to file a counter claim against CNN. We believe that we are well within our rights under fair use, but we are not attorneys so….we’ll see.

In any case, it is hard to understand why YouTube also took down the 3000+ comment thread from the video. Does CNN own all discussion of this clip???

In the meantime, we want to thank everyone that has expressed their support on this issue! From the bloggers listed above, to our readers who have commented and written us. We truly appreciate it!

UPDATE: More of what the blogosphere is saying about this story is available at  Memeorandum.

UPDATE: Our original clip which CNN fraudulently forced YouTube to take down in a vain attempt to silence us, has been restored!! Click here to see the coverage CNN tried BUT FAILED to disappear.

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21 Responses to CNN Disappears Our Clip – A Follow Up

  1. [...] Founding Fathers, the source of this clip, has more on the controversy. [...]

  2. Devils Advocate on April 19, 2009 at 1:26 pm

    If you want this video to spread like wildfire.

    Talk to this guy:

    http://www.youtube.com/dmcaabusse

  3. Devils Advocate on April 19, 2009 at 1:26 pm
  4. B. Jordan Blindawn on April 19, 2009 at 2:34 pm

    Unbelievable! At least other people got footage, and with everyone who spoke to Ms. Roesgen. They spoke well too!!

    http://www.youtube.com/watch?v=8zNbWtl4wgM&feature=player_embedded

  5. IrascibleChef on April 19, 2009 at 3:17 pm

    Sorry, News is based on the premise that it’s about truth, reporting facts and information that the reader/viewer can critically think through and decide for themselves what is what.

    I saw the original video and critically thought that CNN was interested in TELLING the people what to think—they were giving us CNN’s OPINION as fact, as truth, as News.

    If they had any INTEGRITY they would issue an apology and report the rest of the story as you did here—a before and after. That would have been credible, but they didn’t do that, they tried to hide it… Why?

    Let’s face it there are plenty of CNN video’s out there disseminating their opinion as news without them worried about copyright infringement. —Just another in a long list of transparent red-herrings, and misdirections created to misinform and confuse the sheeple (who are already over saturated with information making it impossible for them to sift through the fact from fabrication) to promote their agenda.

    —iChef Politikos

  6. The Irascible Chef » Update on Tea Day on April 19, 2009 at 3:22 pm

    [...] video clip was taken off Youtube because you were seeing the News Creators exposed like cockroaches: CNN Disappears Our Clip – A Follow Up) Isn’t that interesting… What does that tell you about the INTEGRITY of [...]

  7. Cindy Sue Causey on April 19, 2009 at 4:04 pm

    Yes, this definitely needs pursued ’cause when you’re right, you’re right, but everyone is always so focused on YouTube.. Has anyone tried any of the other video hosting platforms out there..?

    A quick search of sites like ReadWriteWeb will lend leads.. Sure would be nice to see other hosts get a little airtime should any likewise support this as fair use..

    While we’re on the topic, anyone done anything with last Friday’s early morn CNN emergency breaking news alert announcing that, GASP, ……..

    CNN had just basically lost a Twitter contest centered around garnering the most followers..?

    First inclination regarding the “alert” was to think that CNN was trying to give Vodka Pundit (via Pajamas Media) a run for his money.. The kerfuffle visual image painted through your words *seriously* isn’t helping alleviate that recent impression.. :grin:

  8. JadedByPolitics on April 19, 2009 at 5:46 pm

    You now have my email and if you guys need to start donations to directly go after CNN email me and lets go viral around the internet. I suspect you will get more money than you will need. There is only one way to beat these tools and that is to play their way. If we have learned nothing in the last 8 years it is to go FULL BORE on this idiots!

  9. [...] so embarrassed by the video footage caught live and in color by The Founding Bloggers has asked You Tube to take it down sighting copyright infringement. Guess what CNN, IT’S [...]

  10. Lisa on April 19, 2009 at 8:52 pm

    go figure, a major news organization,trying to supress free press… and to think, we live in America.. Go get them and stand for what is right!

  11. Snerd on April 19, 2009 at 10:08 pm

    If you can post under fair use provisions, why not use LiveLeak?

  12. Red on April 19, 2009 at 11:08 pm

    Tremendous job!!! I am sure that this video has been saved on 1000′s of hard drives.

    What is interesting is that CNN and the LEFT have trivialized the Tea Parties or as the MSM refers to them, the “so-called” Tea Parties.

    Suddenly they are fearful and want video down. In the process they will do us all a big favor by drawing attention to it.

    There is no way that this does not fall under “fair use”. CNN got bagged and exposed for what they really are. Pretty funny that they want to squelch their own reporters words.

  13. Loyal Eagle on April 19, 2009 at 11:29 pm

    I don’t understand why CNN would “own” footage taken by a non-related third-party when CNN’s camera’s were off. If anyone has a copy, we should each take turns uploading it again, and again, and again to YouTube. I’ll put it up. This is outrageous.

  14. Loyal Eagle on April 19, 2009 at 11:49 pm

    Hey, just found another copy. Saving it to upload as soon as they take fearblocke’s down. I’m Researcher555

  15. Loyal Eagle on April 19, 2009 at 11:51 pm

    Ooops, forgot the url…
    http://tinyurl.com/cskn46

  16. Werner Patels - A Dose of Common Sense on April 20, 2009 at 3:24 am

    Roesgen is a silly twit…

    There’s nothing that upsets me more than lefties (or anyone else for that matter) who, despite being totally uneducated and uninformed, ooze arrogance enough for twenty people. CNN “reporter” Susan Roesgen is a case in point. CNN “reporter” Susan …

  17. [...] had the following to say regarding this story: We are in the process of consulting our Founding Bloggers legal team [...]

  18. Lee Kenaga on April 20, 2009 at 10:49 am

    It did my heart good that when CNN’s camera
    went dead that another camera was on when the
    lrfty repoter was confronted by a tea party
    protestor gave the reporter a tongue-lashing
    refuting her contention that she didn’t really
    understand that the protesters were mad about
    run-away-spending.

  19. [...] commented on their video being pulled down by Youtube: “Obviously we hit a nerve with CNN because they [...]

  20. John Hitchcock on April 20, 2009 at 11:03 pm

    I’ve uploaded the thing and embedded it on my site. Is it viral yet?

  21. [...] CNN Disappears Our Clip – A Follow Up [...]

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