Thursday, August 30, 2007

Viacom Says User Infringed His Own Copyright

Via Slashdot.org -

"I ran for school board where I live this past fall and created some TV commercials including this one with a 'Star Wars' theme. A few months ago VH1 grabbed the commercial from YouTube and featured it in a segment of its show 'Web Junk 2.0.' Neither VH1 or its parent company Viacom told me they were doing this or asked my permission to use it, but I didn't mind it if they did. I thought that Aries Spears's commentary about it was pretty hilarious, so I posted a clip of VH1's segment on YouTube so that I could put it on my blog. I just got an e-mail from YouTube saying that the video has been pulled because Viacom is claiming that I'm violating its copyright. Viacom used my video without permission on their commercial television show, and now says that I am infringing on their copyright for showing the clip of the work that Viacom made in violation of my own copyright!"

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Normally, I try not to post things that I find on /. or Digg...because well, everyone has seen them already..but this was just too good to pass up. I am no lawyer, but it sounds like both of them could fall under the Fair Use doctrine....however, Chris noted in his Slashdot article that he " didn't mind it if they did" use his video therefore this could be used to kill any countersuit if it falls under the Estoppel doctrine.

It is nice to have ex-EFF friends ;)

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