I interviewed Rebecca Jeschke, Media Relations Director for the digital civil liberties group, The Electronic Frontier Foundation (EFF). Rebecca shared with me how they fight for people's rights with both creating videos and expression of freedom speech, and important information for all online video creators on what they need to know about how to deal with their videos being unfairly removed from YouTube and other service providers.
Why Online Video Creators MUST Know Their "Fair Use" Rights
To quote EFF's "No Downtime for Free Speech Campaign: "Copyright claimants are increasingly misusing the Digital Millennium Copyright Act (DMCA) to demand that material be immediately taken down without providing any proof of infringement. Service providers, fearful of monetary damages and legal hassles, often comply with these requests without double-checking them, despite the cost to free speech and individual rights.”
I learned from previous experience that takedown notices don't even have to be about who's right, who's factual, or even who's behaving rationally. They're sometimes much more about knowing your rights; and how far you may be willing to go to fight for your own rights (and for others).
Fighting Bogus Internet Censorship: How EFF Helps Champion People's Legal Rights with Online Video
"Fair Use is an important part of our political discourse and culture," says Rebecca. "When it comes to user-generated content, particularly people's own creative works and political speech in these videos, EFF works to protect the rights these users from copyright claims, when often their use of copyrighted material in political speech or creative works is covered by the Fair Use Doctrine.”
EFF is big into education and awareness about Fair Use – basically, the right for how others can feature someone else's copyrighted work without it following under legal infringement. Here are some links I recommend online video professionals and digital content creators in general check out to understand how Fair Use works with online video, and know more of what your own rights are:
- "Know Your Digital Rights" guide to your constitutional liberties.
- "Fair Use Principles for User Generated Video Content.”
- No Downtime for Free Speech Campaign
- A Guide to YouTube Removals – what you need to know if your video was removed from YouTube, and how you can take action to get it back up.
- "Takedown Hall of Shame" – where they publish videos of the worst abuses of attempted take downs of others legally-protected content.
Stay Tuned for More of My Interview with EFF's Rebecca Jeshke
In part 2 of my interview, Rebecca will be sharing with us….
- Some well-publicized examples of YouTube videos that YouTube had originally taken down, that EFF has been fighting for the users to get back up.
- How you can file a counter notice with YouTube and any other Internet service provider to get your videos and other content back up, and;
- How you can be part of the fight!