Rekjalhew

May 14, 2007

Hot Air Works With the EFF to Stop DMCA Enforcement Abuse at YouTube. Defend Fair Use!

by @ 4:56 pm. Filed under The Truth Shall Set you Free!

For some years, I was a paying member of the Electronic Frontier Foundation (EFF). I still have the T-Shirts and hats, really. As a digital content provider I wanted to ensure corporate nuts were not stepping on smaller content developers or even ordinary people unjustly. In time the EFF seemed to start morphing into a digitized version of the ACLU, at which point I stopped being a member and made no future donations to the organization. It all happened years ago, I’m not bothering to gather exact dates. Anyway, I was happy to see the EFF stand up for a Conservative leaning group.

HotAir.com post: Victory: UMG & YouTube retreat More coverage at Michelle Malkin’s personal blog.

This shows that you who had videos removed by Benny Hinn or Robert Tilton might have a chance at winning if you have a just cause to fight back. Both Hinn and Tilton are ticked that we Christians who abhor abuse of the faith were exposing their lies via YouTube!

Under Fair Use guidelines, you can use otherwise copyright protected material for a number of purposes.

U.S. Copyright Office - Fair Use (emphasis added)

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the Copyright Act (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

I had been mulling the fact that Benny Hinn trampled Fair Use in many cases with some (possibly all) of the material he had removed from YouTube. I know almost all (maybe all) of the material of Robert Tilton posted and much (maybe all) posted of Benny was either parody or educational in nature. I know I posted one of Benny for educational and comment purposes. These vipers men who claim to be ministers of the gospel of Jesus Christ are trying to prevent videos of their own swindling words and actions from being freely distributed. Both Hinn and Tilton work as non-profits, but when they see their material on YouTube, they act as if they are corporations defending a brand from dilution.

I might try and see if I can get the EFF to work with me. I suggest anyone who thinks they have a reason to fight back on the grounds of Fair Use, take action now. I know some folks had little or no actual footage of Hinn in some video that was removed. You folks could probably file a counter against your videos being removed pretty easily. Plus, many of the videos removed were short and YouTube limits things to 10 minutes for most of us, so in comparison with the full supposed sermons those clips on YouTube were nothing.



3 Responses to “Hot Air Works With the EFF to Stop DMCA Enforcement Abuse at YouTube. Defend Fair Use!”

  1. Legal System Abusers Bulletin » Blog Archive » Hot Air Works With the EFF to Stop DMCA Enforcement Abuse at … Says:

    [...] Originally posted here: IndependentConservative [...]

  2. trayjay Says:

    I find it funny that they are TV liars, oops, I mean preachers, but don’t want people to know what they are preaching. If they don’t believe in what they are preaching, why bother. I know this comment is moot because they have agendas. It just trips me out how they fight not to have their messages broadcast yet are tv liars, oops, I mean preachers. You’d think that the people who follow them would wonder the same and come to an obvious conclusion. But then again, maybe not.

  3. IndependentConservative Says:

    It’s such a mess. Why would any not-for-profit be upset that their material is being freely distributed?

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