RTFA: http://youtube.com/watch?v=UClIdjK6WB4

Graphic violence: video of David Snyder, attacked by a police officer

It has been confirmed by a representative from WNDU-TV that the above video qualifies as “fair use.” This is really great news. The biggest problem with fair use is that it’s not consistently enforced. Even the copyright office bitches out of accountability.

So, since the United States crawls along at the inexorably slow snail’s pace of precedent, I present for your litigious inspection the opinion of Scott Hums, Web Directory at WDNU:

…I have no problem with people uploading parts of the video. Completely ignoring the legal argument, it’s the best for both parties. The information is spread and the topic is discussed without “giving away” the power of the full version of the video. Using 20 or 30 seconds is perfectly fine and I wished everyone did that.

The problem comes from people thinking they have a right to just show the whole or nearly whole video. That’s what we are fighting. There’s no reason anyone has to upload the whole thing when we are offering it for free to anyone who follows a link. All they are doing is encouraging us to never put this material on the internet in the first place, which is something that is obviously not good for everyone involved.

“Fair use” is about having access to material to make further commentary without damaging the marketability of the copyright holder. That’s a concept that most YouTube users fail to understand from my recent experience with this video.

Does that move things forward at all? A little…

  • Hey any chance you could forward a copy of the email you got from WNDU to me, I might be going to court with them and it might help me argue my case by showing that they are not considering all of the aspects of fair use.
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