Olympics Using Bogus Copyright Claims To Take Down All Videos Of Fatal Luge Crash

from the fair-use? dept

Fri, Feb 12th 2010 4:06pm — Mike Masnick

As you probably heard today, just as reports warning about the luge track at the Olympics were coming out, a Georgian luger crashed and died while on a training run. It's a horrible situation all around, but it looks like the International Olympic Committee is trying to stifle the whole thing by using copyright claims to take down videos on YouTube, saying that only those who paid for broadcast rights can show the video. Now, this could be part of a pre-arranged effort by the Olympics to try to stop any Olympics videos from hitting YouTube, but it shows the problem with such a blanket policy. In discussing news like this -- no matter how horrific -- it seems you could make a good case for fair use, but that's not even being allowed here, as the videos are getting taken down very quickly. And, even if the Olympic Committee thinks that it's about "protecting" its copyright, it certainly feels like it's trying to suppress the news of the crash and death.

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Filed Under: copyright, fair use, luge, olympics, reporting

32 Comments

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NAMELESS.ONE, 12 Feb 2010 @ 4:10pm

suing restaurans now warnigns of somehign actally dangerous
OK i say let one more athlete die and then have there heads on a platter

yup we dont need a stop lighst lets weight till a few more people die

YUP corporate behavior at its best
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Canadian, 12 Feb 2010 @ 4:25pm

The entire video of the luge accident just aired on CTV, nationally. No one seems to be trying to hide anything.
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Freedom, 12 Feb 2010 @ 4:47pm

What's worse???
>>The entire video of the luge accident just aired on CTV, nationally. No one seems to be trying to hide anything.

So, what's worse:

1. Blocking the videos because you want to hide something? Granted that doesn't appear to be the case now.

2. Blocking the videos because you want to make sure only licensees can make money off this guy's death? (i.e. via advertising money as the Olympics is trying to control where the eyeballs go)

Either way, it sends the wrong message. This is news, fair use applies and just serves to highlight how the abuse of copyrights.

Freedom
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Mike Masnick (profile), 12 Feb 2010 @ 4:48pm

Re:
The entire video of the luge accident just aired on CTV, nationally. No one seems to be trying to hide anything.

I'm not saying they're *actually* trying to hide it, but the autoscripts on YouTube forcing takedowns of all Olympic videos makes it *look* like they are. That was the point. Sorry if it wasn't clear.

But they definitely ARE taking down YouTube clips of the news. The fact that CTV aired it doesn't prove they're not trying to stop the other clips from showing (and for all you know they could have asked CTV not to show it, and CTV decided to do so anyway).
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ChurchHatesTucker (profile), 12 Feb 2010 @ 5:20pm

Re: Re:
Plus, some schmuck posting video of a horrific accident he filmed onto a site worried about its 230 status is far easier to bully than a corporation with lawyers on staff and their own distribution channel.
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yourrealname (profile), 12 Feb 2010 @ 5:45pm

In Fairness
In all fairness, copyright complaint or not, YouTube does take down all videos of people dying. You can't find snuff or faces of death stuff on there (ok maybe you can if you look really hard). Is the video posted on another site somewhere? Contrary to popular belief, there are other video hosting sites besides YouTube.
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Anonymous Coward, 12 Feb 2010 @ 6:12pm

Maybe they are doing it out of respect and using the copyright bullying tactics as the tool to do so. At least that is what I am hoping. The sad reality probably has more to do with money. Such a tragedy.
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Anonymous Coward, 12 Feb 2010 @ 6:44pm

YouTube does take down all videos of people dying.

Except for Neda, the girl that was shot in Iran during the protests, right?
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zcat (profile), 12 Feb 2010 @ 7:13pm

Re:
And this guy...

http://www.youtube.com/watch?v=8EFvGuIXIJc
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Kevin, 12 Feb 2010 @ 9:50pm

Official Olympics Sponsors
Okay, how come you guys don't get it! Some media companies (NBC and CTV, ...) have paid money for exclusive access to the video feeds, so they can show highlights from the games and get huge commercial revenue that other networks don't get. Yes it is copyrighted content, just like a movie is copyrighted.

It's not about covering anything up it's about revenue in traditional TV markets. Which is why CTV DID air the accident.

It would be near impossible for YouTube to go through every video to see which were network feeds and which (any?) were taken by individuals,l so they just remove all of them.
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Anonymous Coward, 13 Feb 2010 @ 3:14am

Re: Douchey Mc Douche
The youtube team blogged about their decision to allow graphic content from the Iranian insurgency.
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Richard (profile), 13 Feb 2010 @ 4:33am

"It would be near impossible for YouTube to go through every video to see which were network feeds and which (any?) were taken by individuals,l so they just remove all of them."

BUT with equal Logic

It would be near impossible for YouTube to go through every video to see which were network feeds and which (any?) were taken by individuals,l so they just remove NONE of them.
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Bas Grasmayer, 13 Feb 2010 @ 5:30am

Eh, the IOC will go bankrupt sooner or later.
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Shawn, 13 Feb 2010 @ 7:24am

The site blocks a video even if you include the word "Olympic" in the Title Screen or Tags as I upload a blank video with just a black screen and it got taking the second I uploaded in an experiement I did. The video uploader automaticly checks for the words "Olympic" or "vancouver" in titles and tags and blocks the video.
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Freedom, 13 Feb 2010 @ 9:54am

Google, Wiki, etc. and the Olympics
I'm assuming that Wikipedia isn't involved in the Olympics and I'm not sure about Google, but both are using either direct or artistic forms of the 5 circles (wiki on their associated olympics pages and Google on their main search page).

One has to wonder where this falls as to copyright and trademark. If Google isn't a sponser, doesn't having the logo on the front search page indicate a business relationship with the Olympics?

If Wiki every runs ads on their site does that mean that they'll no longer be able to have these types of corporate logos on info sites? Even without ads on the wiki site, what gives them the permission to use the corporate logo?

(Just thinking out loud...)

Freedom
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The Anti-Mike (profile), 13 Feb 2010 @ 10:22am

Re: Re:
Mike, do you have any examples of non-network (or non-official) video having been removed from YouTube in this case? Did anyone outside of the networks actually have any video at all?

they definitely ARE taking down YouTube clips of the news.

Where are those clips from? Who owns the rights to them?
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Rob, 13 Feb 2010 @ 12:00pm

Copyright as an incentive?
If copyright supposedly is supposed to be an incentive to create new works, then is the IOC trying to tell us that it wants an incentive to create more fatal crash videos?
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Anonymous Coward, 13 Feb 2010 @ 6:58pm

Why can't some p.o.s. Athlete die like ocho cinco
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Anonymous Coward, 13 Feb 2010 @ 10:31pm

Re:
I was thinking Soulan Pownceby perhaps. If that babykiller and wifebeater died it would be a net gain for humanity.
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sdpate (profile), 14 Feb 2010 @ 4:31am

Olympics as Fascists
Is the Olympics a religion? Is a world government outside all others, run by a IOC and Coke?

Canada is indulging in a modern day renaissance of Greek sports worship. We chased our tails zig-zagging across the country carrying a lit torch. People worshiped the silly thing. Guess people need Gods, even when given the chance to think for themselves.

All the human rights abuse, civil rights abuse, denial of free speech and of course the obsessive copyright of everything "olympic" - it's a farce.

The reason they don't want people seeing the video - which is hopeless since it's bootlegged everywhere, is that some design idiot put the rail that killed the luge athlete in the exact place it needed to be for a killing zone.
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Omali, 14 Feb 2010 @ 6:38am

Re: Google, Wiki, etc. and the Olympics
In both cases, Google and Wiki have a pretty long history of changing their logo as an homage to various people, events, and days.

The IOC wouldn't win a copyright claim because Google can strike it up to parody, not to mention they have years built up of them changing their logo as an homage to other events and days, winning that would be pretty easy.

As for trademark, there would be no way of them winning that argument. In order for something to infringe on trademark, they would have to prove that people are being confused into thinking that Google was an official partner, to which Google has made no claim. Unless Google put something like "The official search engine of the Olympic Winter Games"
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Anonymous, 14 Feb 2010 @ 1:27pm

Re: Official Olympics Sponsors
Owning copyrighted footage does not mean your footage cannot be used as "fair use". News and commentary is fair use, and as such anyone should be able to use this footage to discuss the tragic death of an athlete without having to ask for permission.

The commercial arrangements that the IOC make with broadcasters does not override the law.
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cuyler, 14 Feb 2010 @ 7:42pm

Images of the crash should never have been shown
Shame on NBC, the Huffington Post, and everyone else who disseminated images of this crash. The video is nothing more than a snuff film. There is nothing to be gained by showing the most graphic images, beyond perhaps the first moment when he began coming off of his sled. More thoughts on my blog at http://cuylercampbell.wordpress.com/2010/02/13/for-shame/
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Anonymous Coward, 14 Feb 2010 @ 8:51pm

Georgian luger
Ok, honestly is it the worst thing in the world if that video is removed? i saw it on CTV that evening they said it was "necessary to tell the story" which is complete bull. A georgian olympian died today that the story what are we two? need a friggen picture to go along with what they are saying? it was pretty graphic as far as the news goes, im all for graphic movies and realism, but there was no way in hell he was even alive by the time the first responders got to him. in my opinion (and everyone has one) i think its a good thing to take it off the web and other sites, lets face it its going to be out there if you want to track it down. how would you feel if your brother or friend was in another country died violently and his moment of death was plastered all over the media? i think we should show some class and get over it. just saying thats all.
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Jimr (profile), 15 Feb 2010 @ 5:20am

Saw it on TV with NO warning about what you where about to see. I did not really want to see and then see it again in slow motion as he died.
I see no need for it on-line. But it is a news worth event and should be allowed. Morally on the other hand I think people should not show it out of respect for the Georgian luger.
It is all about personnel choice and unfortunately for me I did not know about the event and the news cast about the event was definitely news to me.
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known coward, 16 Feb 2010 @ 12:10pm

The olympic corporation
Has always been voracious about defending it’s logo from any placement that they do not get a cut of. This is, for better or worse, just a furthering of that ethos. If Youtube (and yes i know youtube is owned by google) gave money to the Olympics I am sure they would have let the Video ride.

I would wonder if Google pays them for using their logo. Though today the google home page has a picture from my favorite ‘sport’. Curling
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sdpate (profile), 18 Feb 2010 @ 12:33am

IOC responds
The IOC has been running around this week demanding everyone take down the video.

"IOC Tries To Restrict Freedom of the Press" is there email to NJN Network.

Our reply was that "fair play" of video material in a news story is allowed under the Canadian copyright law.

Covered in story "IOC issues take down of news coverage about luge death in David and Goliath battle"

Copyright property in Canada is protected under the Copyright Act. The owner of the copyright has, with some limitations, the right to control when a copyrighted work can be exhibited, broadcast, or reproduced.

The Copyright Act (Canada) specifically allows news reporting as Fair Dealing and an allowed use of copyright materials. This is how CBS as a non-licensee broadcast the story along with CBC and other networks, quoting,

“29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the …(iv) broadcaster, in the case of a communication signal.”

Copyright allows the IOC to get paid, which finances the Games, by broadcasters around the world. In the United States NBC has the rights – which is why Jay Leno is off the air for a few weeks. In Canada, CTV has the rights to exclusive coverage.

However, that doesn’t stop CBC from setting up shop in Vancouver and broadcasting sports “news” clips of events and wins. Re-broadcast of short video clips is going on around the world because it is allowed by law and convention.

So the official media get the total coverage and the rest of the media get to report bits and bites. For example, CBC carried the luge accident the day it happened. It was on every major newscast.

No other rights exist outside the Act. “Sec. 1.2 Copyright shall not subsist in Canada otherwise than as provided by subsection (1), except in so far as the protection conferred by this Act is extended as hereinafter provided to foreign countries to which this Act does not extend.” The IOC does not have rights beyond those for everyone.
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Tyanna, 18 Feb 2010 @ 2:23pm

I honestly don't care why they are taking down the video, I'm just glad they are.

How about we give the man what little dignity he deserves in death, instead of truing his tragic death into entertainment.

I don't understand why people are actually look for the video. It just seems wrong to me.

The IOC might be doing it to cover their own asses, or maybe they are using strong arm tactics to give his loved ones some peace after such a horrific accident. Either way, I don't feel it should be online.
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Rob Refino, 22 Feb 2010 @ 12:27am

Olympics.
The Olympic Committee is Definetly trying to remove ALL Videos from Youtube, a few hours ago I tried to innocently post a video of Myself and a few friends celebrating the Team USA Win over Team Canada, Which featured the closing seconds on video. It was so harmless, it quickly reached 300+ views and 88 Comments. Then I got a notification that the video had been 'Removed due to a Copyright Claim by the International Olympic Committee.' The video was well liked especially the hilarious commentary we had going. Quite frankly I'm pretty pissed they've got nothing better to do than shoot down videos that were put up for nothing more than laughs and entertainment. Screw you IOC!
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Anonymous Coward, 28 Feb 2010 @ 4:45pm

yeah you are right
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kevin (profile), 14 Apr 2011 @ 12:15am

Copyright allows the IOC to get paid, which finances the Games, by broadcasters around the world. In the United States NBC has the rights – which is why Jay Leno is off the air for a few weeks. In Canada, pelletizing mill has the rights to exclusive coverage.

However, that doesn’t stop CBC from setting up shop in Vancouver and broadcasting sports “news” clips of events and wins. Re-broadcast of short video clips is going on around the world because it is allowed by law and convention.
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