Shooting Down Pictures

You'll probably have to abandon Youtube. Maybe vimeo will work out better….. It's maddening that sharing art is a crime. The real crime was commodifying art in the first place. Is that why we create?

Watch out. At third strike you're out. Everything is erased. So, take care of your (nice) materials.

Hmmm. This seem extremely important. You work here is clearly criticism and the clips should be allowed. This is a way of censoring a very important new development in cultural criticism. It sucks!

Craig Harshaw
Insight Arts

Exceprts for criticism is fair use under both American and international copyright law. I think you can contest.

Oh man, that's hard. Your video essays clearly fall within the parameters of the “fair use” doctrine. (Official gov policy here: http://www.copyright.gov/fls/fl102.html.) The problem from a litigious perspective is that while TECHNICALLY you could bring youtube to court, press your case and have the videos restored, you'd be out thousand of dollars and weeks of your time.

I think increasingly what we're going to see are automated digital scrubbers that will be able to read digital video code and flag “illegal” content. Such automated programs, of course, can't make exceptions for fair use appropriations as those criteria are ultimately subjective and evaluative. So, practically speaking, you should invest in a spacious back-up drive and save personal copies of every video even after you've uploaded. When youtube takes it down, you put it back up and re-tweak your hyperlinks. (which is imperfect, I know, as other sites wont want to constantly update their hyperlinks as well.)

But hopefully, eventually, some smart web 2.0 entrepreneur will create a website with personalized monitoring systems that can be a digital “safe haven” for fair use video critics like yourself. If someone is willing to go head to head with the conglomerates and say, “sorry, its fair use, not taking it down” they could hit a real niche market and make tons in ad revenue. (man, I should become a venture capitalist!)

Anyways, just backup everything NOW.

[...] You can read more about it from: http://daily.greencine.com/archives/007291.html#more http://www.filmmakermagazine.com/blog/2009/01/some-thoughts-on-kevin-leeyoutube.php http://alsolikelife.com/shooting/?p=955 [...]

I'm an attorney with the Electronic Frontier Foundation (EFF). We've had quite a bit of experience with bogus DMCA takedown notices. Drop me a note and I'd be happy to discuss your options. We're a public interest law firm, so our services are free.

On a related note, I'd like to encourage you to consider writing to the Copyright Office about a related DMCA issue — Hollywood's position that any and all DVD ripping is illegal because it circumvents copy protection on DVDs.

EFF has asked the Copyright Office to grant a 3 year exemption from the DMCA for noncommercial video creators who rip DVDs in order to use clips in ways that qualify as a fair use. Your videos seem to be exactly such an example, and I think the Copyright Office should hear from creators like you.

Even though your account is disabled, you can still file a counternotice. Information from their help site:

http://help.youtube.com/support/youtube/bin/ans...

[...] entry is fully written in it’s author’s blog. Read all about this here. This entry was posted on Thursday, January 22nd, 2009 and is filed under Uncategorized. You can [...]

[...] has been posting video essays and shorts on YouTube for three years. Until yesterday, when the site pulled all his work — more than 40 pieces totaling over 300 minutes — on grounds of “copyright [...]

[...] Lee’s videos were removed from the web. The notices that YouTube reacted to were, in fact, notices that alleged that the videos in question violated copyrights. They were not, as some blogs seem to be reporting, notices that suggested that the videos in [...]

good outlook

Turn and run … no … although distasteful it constitutes the truth. Youtube obviously got complaints from responsible parents. Try again and hope for the best?! But don't forget – Watch out. At third strike you're out.

[...] mind when I read that Kevin B. Lee’s video essays had all been taken down from YouTube due to copyright infringement. The essays all contained copyright protected material from films, but they also contained [...]

What a useful post here. Very informative for me..TQ friends…

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i ever see tubemogul in which u can upload multi video series at google yahoo etc

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Watch out. At third strike you're out. Everything is erased. So, take care of your (nice) materials.

I do agree that Youtube has started to be very strict with copy right violation sort and it is good too!!
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I do agree that Youtube has started to be very strict with copy right violation sort and it is good too!!

What a useful post here. Very informative for me. Thank you for sharing the information.

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Watch out. At third strike you're out. Everything is erased. So, take care of your (nice) materials.

I hate when things get pulled from YouTube.

Exceprts for criticism is fair use under both American and international copyright law. I think you can contest.

Exceprts for criticism is fair use under both American and international copyright law. I think you can contest.

That's totally lame, I can't stand You Tube copyright policies.

This vide is removed from Youtube due to copyright issue
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I have used Vimeo and it's worked well

thats interesting are you using copyrighted material?

That's totally lame, I can't stand You Tube copyright policies.

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We need to hear the rest of this for sure.

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to prevent this from happening, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others.

Hi I know a guy who has the sameproblem with some self defense videos he has. They deleted his whole account because they said he was inciting violence. he was actually doing the opposite. Despite getting an online petition up it made no difference. The worst thing was he ranked highly on the google with the videos so he lost a lot of his traffic.

Can't wait to hear the rest of this one!

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This seem extremely important. You work here is clearly criticism and the clips should be allowed. This is a way of censoring a very important new development in cultural criticism. It sucks!

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Of course youtube has to pull down any material that anyone claims infringing copyrights. Then they can start claiming infringement for any small connections. Why don't you open another account modify it a bit and submit again.

I think it was Einstein that said when the bees die, humans have about 4 years left. I sure hope they can survive this.

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