Copyright As Censorship: NBC Pulls YouTube Clip From Senator Elizabeth Warren's Account
from the fair-use? dept
In yet another story of copyright being used as censorship, a clip of Senator Elizabeth Warren responding forcefully to some dubious claims made by some CNBC hosts has been pulled from Warren's own YouTube account:
CNBC's "response" that the clip "has been available to view in multiple locations on CNBC.com since its original posting" is equally misleading, because, as Gawker notes, CNBC has the full 10 minute interview, rather than the short clip that was highlighted on Warren's YouTube account.
If Senator Warren so chose, I think she has a exceptionally strong fair use claim to challenge the takedown. It was a short clip, clearly used for disseminating information to the public and educating the public on a topic of great public interest, wasn't being used commercially and a whole host of other reasons. And, NBC, who regularly relies on fair use claims to broadcast clips from other sources, would have a difficult time fighting back. But, once again, we see the pernicious effects of how copyright is being used, repeatedly, by copyright holders not for legitimate, copyright-related reasons, but rather directly as a tool for censorship.
Oh, and of course, NBC's attempt to censor a Senator getting the better of one of its talking heads, has only meant that the video is popping up in plenty of other places and getting much more attention. There's a phrase for that, I think...
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Filed Under: censorship, cnbc, copyright, elizabeth warren, fair use, regulations
Companies: nbc universal
Reader Comments
The First Word
“Mike has not censored you. No one person has censored you. If anything, the Techdirt commenter community at large has ‘censored’ you by way of flagging/reporting your post, and even calling that ‘censorship’ strains the definition of the word.
Your comment remains available to view by anyone who wants to view it (to wit: I had to click on it to reply to you).
No one has censored you because you still have the legal right to express yourself in a free and open manner. Techdirt doesn't have any obligation to give you the platform for that expression, though.
A difference exists between what you’ve done here (you made a lame troll comment that launches an ad hominem attack on Mr. Masnick and does nothing to prove your claim of ‘censorship’) and actual, government-sponsored censorship.
Of course, given how copyright exists as a government-granted monopoly, maybe you can see how a company using the DMCA to stifle speech it doesn’t like can look like censorship.
Or maybe not. Living under bridges tends to dull the brightness of the sun, y’know. (I hear eating billy goats don’t help with your eyesight, either.)
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Bawk, bawk, Mikey.
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Re:
Mike has not censored you. No one person has censored you. If anything, the Techdirt commenter community at large has ‘censored’ you by way of flagging/reporting your post, and even calling that ‘censorship’ strains the definition of the word.
Your comment remains available to view by anyone who wants to view it (to wit: I had to click on it to reply to you).
No one has censored you because you still have the legal right to express yourself in a free and open manner. Techdirt doesn't have any obligation to give you the platform for that expression, though.
A difference exists between what you’ve done here (you made a lame troll comment that launches an ad hominem attack on Mr. Masnick and does nothing to prove your claim of ‘censorship’) and actual, government-sponsored censorship.
Of course, given how copyright exists as a government-granted monopoly, maybe you can see how a company using the DMCA to stifle speech it doesn’t like can look like censorship.
Or maybe not. Living under bridges tends to dull the brightness of the sun, y’know. (I hear eating billy goats don’t help with your eyesight, either.)
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Let's hope.
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Jeez, I should respond to trolls more often.
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Your comments were viewed as not discussing the topic but instead expressing your not popular (on this blog) view and dislike of Mike Masnick.
So as I did I can find your comment and comment on it without any issue.
Unlike a true dictator which would never allow a dissenting comment to be available for comment I could find and express this view on your failed thoughts.
Please become a thinking person. Don't just follow doctrine.
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Boycott the MAFIAA ! Stop feeding the Pig ! Buy Local and Indie Art..........do not support Hollywood any longer.Your Money keeps them alive.
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copy
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I suspect if offered an impasse like that CNBC would be willing to come to an agreement and drop their claim against the short clip.
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I HATE STREISAND
Next thing you know, you'll be voting with your own opinions on elections instead of ours, and listening to that Crackpot Masnick!
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I am to the point I don't want to see stateside news. Given that the government is now allowed to distribute propaganda to the public, it's not going to get better. Like many I now turn to other sources outside the US for my news. I want news not filtered by parent corporations for their own benefit.
Our news outlets have failed us. No longer do you see real, investigative reporting that shows the wrongs of public and political figures that at least held them in check from blatant wrong doing. It's now a free for all to the highest bidder.
Count me as an ex reader of US MSM news sources.
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If the media doesn't like you then prepare to die...
Paula Deen
Dan Quayle
Edward Snowden
Elizabeth Warren
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Re: If the media doesn't like you then prepare to die...
When you're a moron, you'll be silenced as people stop listening.
Snowden and Warren are neither of these things...
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Re: If the media doesn't like you then prepare to die...
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I did not see any advertisements,I even enabled javascript.
So - I call bullshit - unless you can provide some sort of evidence which supports your claim.
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How is it censorship if CNBC posts the interview itself?
But in this case, CNBC is actually putting the interview up online, so it's just crazy to say that CNBC is trying to suppress Warren's speech rights. They are giving her a megaphone and disseminating her speech for her!! Why doesn't Warren just embed the CNBC video directly on her website? Why shouldn't CNBC get to generate the ad revenue and derive the benefits of site traffic, rather than YouTube, which made no investment at all in the creation of the content?
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Re: How is it censorship if CNBC posts the interview itself?
Has CNBC posted the interview up to their website or youtube channel? Is it front page on their site? Of course their not required to do that, but that's why fair use exists to allow reasonable use outside of copyright control.
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Re: How is it censorship if CNBC posts the interview itself?
Government *is* an actor here because they're using the force of the government (i.e., copyright) to censor.
But in this case, CNBC is actually putting the interview up online, so it's just crazy to say that CNBC is trying to suppress Warren's speech rights. They are giving her a megaphone and disseminating her speech for her!! Why doesn't Warren just embed the CNBC video directly on her website? Why shouldn't CNBC get to generate the ad revenue and derive the benefits of site traffic, rather than YouTube, which made no investment at all in the creation of the content?
There are a variety of answers here, but if Senator Warren's constituents regularly view her stuff via YouTube, there's a reason to have it there. Second, the CNBC setup shows the entire interview, not the key clip. Third, if it was really ad revenue that's the concern, then why hasn't CNBC taken down the other clips and why has it allowed other Senators to use its clips on Youtube?
You'd have an argument if they blocked all.
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Re: Re: How is it censorship if CNBC posts the interview itself?
Your first amendment claim is extremely weak. The (highly speculative) claim that Warren's constituents regularly view her stuff on YouTube would not hold up muster in a first amendment action in court. What would is the fact that there are plenty of alternative forums for her to speak her mind, i.e. putting it on her own site, or simply putting out a public statement in the future. The other reader 's logic makes much more sense: it's crazy to argue that CNBC, which created the forum for her to speak in the first place, and aired the interview to (just to be as speculative as you) probably most of her constituents, is censoring Warren simply because they can.
And for the sake of argument, lets say you are correct. I completely agree that using copyright law purely as a censorship tool (not in any way for a legitimate purpose, like exercising your "exclusive rights," which is another piece of language in the Progress Clause) is wrong. However, to use these scattered examples of what you see as wrong while completely ignoring the strong majority of legitimate claims that are made by independent authors, photographers, artists, and musicians (i.e members of the public) only hurts legitimate discourse.
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Re: How is it censorship if CNBC posts the interview itself?
That's not actually true. If someone is preventing you from speaking, it's censorship regardless of whether the government is doing it or not.
What I think you mean is that it's not unconstitutional censorship if the government isn't doing it.
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Re: How is it censorship if CNBC posts the interview itself?
Hmmmmm, let's see here .... ahh yeah there it is
http://www.merriam-webster.com/dictionary/censorship
1
a : the institution, system, or practice of censoring
b : the actions or practices of censors; especially censorial control exercised repressively
2
: the office, power, or term of a Roman censor
3
: exclusion from consciousness by the psychic censor
I do not see anything in there that corroborates your statement. Possibly a different source would indicate that which you claim .... hmmm .... ok here we go
http://www.thefreedictionary.com/censorship
1. The act, process, or practice of censoring.
2. The office or authority of a Roman censor.
3. Psychology Prevention of disturbing or painful thoughts or feelings from reaching consciousness except in a disguised form.
Not there either - wow, I'm really striking out here. Perhaps a legal definition then
http://legal-dictionary.thefreedictionary.com/censorship
Ohhhhh, I think I see where you have gone astray. You are thinking about violation of the first amendment, which does only address that which the government is disallowed from doing. However - when people discuss their disdain for various attempts at censorship they are not necessarily claiming a first amendment violation has occurred. Get it?
Also - your analogy is bad and you should feel bad.
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Re: Re: How is it censorship if CNBC posts the interview itself?
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She's a U.S. Senator
She is actually able to take them to task for removing a video that had her face on it. It was her talking, right? Who has rights to that more than her?
I can't imagine they can get away with that, but here's her chance to change the law to prevent this going forward. Glad it was her and not me, because I couldn't do anything about it.
I hope she takes the initiative to reign in these copyright/DMCA crooks who use thin arguments to have things taken off the internet.
It's been going on too long and we do need all that to be strictly limited. With significant liability for those that misuse the DMCA.
The DMCA is way too broad, and it was no sooner passed than there were lawsuits to expand it. That needs to be rolled back. Sen. Warren can do it.
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Re: She's a U.S. Senator
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Elizabeth's rights to the portion of the show that she was on (and additional examples)
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Re: Elizabeth's rights to the portion of the show that she was on (and additional examples)
Your belief is incorrect, unfortunately. Copyright only belongs to the person/company responsible for the work's fixation into tangible form, and in this case, that would be the one that owns the cameras, which is NBC.
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