Yesterday, we officially filed our DMCA counter-notice in the matter of CNN’s censorship of Founding Bloggers’ coverage of the Chicago Tax Day Tea Party. A copy of the counter-notice is available at Ben Sheffner’s blog Copyrights & Campaigns, where he’s been devoting much of his valuable energy toward documenting and publicizing what CNN has tried to do in this case.
In his current post on the story, Ben makes the following interesting point:
Founding Bloggers could also sue CNN. Section 512(f) of the DMCA allows the target of a takedown notice to seek damages, including costs and attorneys’ fees, against the sender for “knowingly materially misrepresent[ing] … that material or activity is infringing.” While such cases are difficult to win, one court has held that the sender must take into account fair use when deciding whether to issue a takedown notice. Founding Bloggers can also sue for a declaratory judgment, asking a court to issue an order stating that its video is a non-infringing fair use.
MUCH more to come.
And in case you missed it from the previous post, we have re-used the footage in the same capacity as a part of a longer story about the protests. Enjoy!
UPDATE: If you visit Townhall.com you can watch their excerpt of the same footage. It is LONGER in length than what we excerpted, and shows their branding over the footage. Something we were careful not to do. If you watch the original video (below), you will note that we didn’t have our url bug during the CNN segment.
Why was YouTube not served a DMCA notice for TownHall’s use of the their footage? Could it be because CNN wouldn’t dare do that to that to another news organization with lawyers on staff? Could it be they singled us out because we had additional footage that embarrassed them?
Note that the video above is posted to the YouTube user account of FearBlocke. You see, thanks to CNN, everyone on YouTube can upload our video but us.