Viacom Says User Infringed His Own Copyright

Chris Knight writes "I ran for school board where I live this past fall and created some TV commercials including this one with a 'Star Wars' theme. A few months ago VH1 grabbed the commercial from YouTube and featured it in a segment of its show 'Web Junk 2.0.' Neither VH1 or its parent company Viacom told me they were doing this or asked my permission to use it, but I didn't mind it if they did. I thought that Aries Spears's commentary about it was pretty hilarious, so I posted a clip of VH1's segment on YouTube so that I could put it on my blog. I just got an e-mail from YouTube saying that the video has been pulled because Viacom is claiming that I'm violating its copyright. Viacom used my video without permission on their commercial television show, and now says that I am infringing on their copyright for showing the clip of the work that Viacom made in violation of my own copyright!"

Comments

Re:Fair Use

[TheGreek]

His use of the clip was absolutely Fair Use. Viacom's use of the clip absolutely was not Fair Use. Hint: The fact that Viacom MADE MONEY from the use of the clip is a strong indicator that it was not Fair Use.

The words are there, but it's like you don't even read them.

for purposes such as criticism, comment, news reporting

Viacom was reporting the news and providing commentary on the advertisement. They made money on it. Great. News gathering and dissemination is a for-profit enterprise! Stop the goddamned presses!

(4) the effect of the use upon the potential market for or value of the copyrighted work

Tell me how Viacom's coverage of his campaign ad diminishes the ad's potential market or devalues it.

one word

[Fission86]

pwned

Re:Who's the moron now?

[Darby]

They ship lamers packed in buses. Morons are sent via shipping container I think.

I laugh every time I see a bus load of Lamers going down the road ;-)