James Delahunty
22 Mar 2007 11:48
The Electronic Frontier Foundation (EFF) has requested that a federal court protect the free speech rights of activism site MoveOn.org and Brave New Films after a Viacom DMCA takedown notice resulted in the removal of a legitimate video. The video, titled "Stop the Falsiness," was a parody of Comedy Central's "The Colbert Report". It pokes fun at both host Stephen Colbert and MoveOn's own political activism.
The video was uploaded to YouTube in August 2006, and does in fact include clips from The Colbert Report. However, as far as the EFF is concerned, use of these clips is protected by the same fair use that protects comedians such as Steven Colbert and Jon Stewart. "Our clients' video is an act of free speech and a fair use of 'Colbert Report' clips," said EFF Staff Attorney Corynne McSherry. "Viacom knows this -- it's the same kind of fair use that 'The Colbert Report' and 'The Daily Show' rely upon every night as they parody other channels' news coverage."
The EFF has challenged many abusers of the Digital Millennium Copyright Act's takedown notice system, saying that even just an allegation of copyright infringement is enough to result in content removal; a "shoot first, ask questions later" later policy that the group says can silence online artists and critics, creating unfair hurdles to free speech.
"Online sites like YouTube have revolutionized political expression and can give the little guy an audience of millions for a political point of view. An entertainment powerhouse like Viacom must not be allowed to muzzle independent video creators and their free speech," said Eli Pariser, Executive Director of MoveOn.org Civic Action. "Copyright owners need to double-check their claims and think about free speech rights before erasing political content from sites like YouTube and misusing the DMCA."
The lawsuit asks for a declaratory judgment that "Stop the Falsiness" does not infringe any Viacom copyright, as well as damages and injunctive relief restraining Viacom from bringing any more copyright claims in connection with the video. EFF is working with Stanford's Center for Internet and Society in this case.
Source:
EFF