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Fri Dec 5, 2014, 05:28 PM

 

Why is the Eric Garner murder video being pulled off YouTube by the NY Daily News?

This is one of the main videos that was shared all over social media, forums, etc.





What happened to Fair Use and the Public's right to know?

5 replies, 1053 views

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Reply Why is the Eric Garner murder video being pulled off YouTube by the NY Daily News? (Original post)
951-Riverside Dec 2014 OP
Blue_Tires Dec 2014 #1
Xithras Dec 2014 #2
okaawhatever Dec 2014 #4
Post removed Dec 2014 #3
dembotoz Dec 2014 #5

Response to 951-Riverside (Original post)

Fri Dec 5, 2014, 05:34 PM

1. I don't know, unless the DN bought the exclusive rights to the video

In which case it would only be on the DN website or their youtube account, if they have one...

It could be a credit issue as well, maybe?

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Response to 951-Riverside (Original post)

Fri Dec 5, 2014, 05:41 PM

2. That's not how copyright works.

The copyright holder retains all rights until a court states otherwise. Fair use is a defense or challenge position to their copyright claims, but doesn't provide any inherent right to reuse copyrighted content. You can use it to sue the copyright holder in order to get permission to use copyrighted material, and you can use it to defend yourself against suits by the copyright holder, but that's it.

In this case, if the NYDN holds copyright, YouTube is required to take it offline at NYDN's request. If you posted it and the NYDN issued a takedown notice, you could request a court injunction against that takedown notice under the fair use exemption. If a judge agreed with you, you can show the injunction to YouTube and they'll post it back up again. Until then, YouTube is legally required to treat it as a copyright violation.

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Response to Xithras (Reply #2)

Fri Dec 5, 2014, 06:10 PM

4. Thanks for the information. I suspected it was something like that. nt

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Response to 951-Riverside (Original post)


Response to 951-Riverside (Original post)

Fri Dec 5, 2014, 06:12 PM

5. pay 4 view

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