Jay Leno and NBC Steal Video, Block Rightful Owner

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Having someone use your video without permission sucks, but it isn't really news. Having your video removed from YouTube on a bogus copyright claim sucks even worse...but...still isn't news. Having Jay Leno and NBC gang up and do both to you is news.

Your company NBC just up and blocked our video and claimed that we are copyright infringers! But we are not! We made it! And this is the video that you said you loved! Now, if you try to watch our video (and again this is the video that had nothing to do with you until you used it in your show without asking) on YouTube it’s just a big black sign that basically says, “the makers of this video stole this video from NBC, so you can’t watch it!” Jay, what in the hell is going on here?
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Would be nice if that guy had a link to his youtube video page.

That and waiting 3 years WTF?
 
Tell me how DMCA SOPA PIPA are there to protect content creators again...
 
That video got blocked by the automated software recognition technology that Youtube implemented several years ago to control the flood of copyrighted material being posted. This type of stuff happens all the time. Youtube needs to do the right thing and unblock this guys video ASAP.
 
Don't even try searching and then watching that video in question. You will never get that 1.30 minute of your life back.

Terrible terrible video :(
 
ninjaturtle said:
Would be nice if that guy had a link to his youtube video page.

That and waiting 3 years WTF?
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3 years ago is when the video was played on Jay Leno's show, it wasn't until now that the NBC spider bots auto-sent their copyright infringement form letter to Youtube, and Youtube automatically approved and blocked said video.

Also pretty sure that what Jay's show did is covered by any sort of Fair Use doctrine, but then again the guy isn't pissed that Jay used his video, he's pissed that HIS video got taken down and the claim was that NBC owned the rights to it.
 
Just implement some sort of fair fine for sending out bad takedown orders. Say $0.01 for the first bad take down in a month. Double it for every bad take down thereafter. Send out one bad take down every day for 30 days? You only owe a little over 5mil in fines.

Make a few mistakes a month? No big deal. Grossly abuse the DCMA like most content providers do? You're bankrupt before the next shareholders meeting.
 
"Hrm, my video was improperly taken down. I could: A. File the DMCA "I'm not guilty" safe-harbor paperwork and have YouTube restore it; or B. Bitch about it online, because someone who had nothing to do with the takedown is famous, thus earning me my 15 minutes of internet fame..."
 
CharonPDX said:
"Hrm, my video was improperly taken down. I could: A. File the DMCA "I'm not guilty" safe-harbor paperwork and have YouTube restore it; or B. Bitch about it online, because someone who had nothing to do with the takedown is famous, thus earning me my 15 minutes of internet fame..."
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i say we go with option B on this.
 
TheWeazmeister said:
Tell me how DMCA SOPA PIPA are there to protect content creators again...
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Yep this just shows how completely unnecessary SOPA/PIPA/etc are, if it's meant to protect content creators. Of course, that's not what those bills are really about.
 
Individuals do not create content. Only companies can create content.

Is it so hard for you commoners to understand this basic concept??
 
was the same thing with the take down of the video megaupload did that was entirely legal!
 
StryderxX said:
That video got blocked by the automated software recognition technology that Youtube implemented several years ago to control the flood of copyrighted material being posted. This type of stuff happens all the time. Youtube needs to do the right thing and unblock this guys video ASAP.
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This type of shit does happen, and it happened to me.

No big deal, you just go to dispute it right? Well, the dispute form itself is worded to be as intimidating as possible, threatening legal action if you don't have a reasonable case, surely deterring many from even attempting it. Then when you do make a fair-use dispute, in my case some music was playing only briefly in the background when I was reviewing a computer and of such low quality and limited duration and non-partnered so not for profit to clearly not be commercially infringing, the dispute was so quickly counter-disputed and the block reinstated that if a human was involved, its extremely unlikely the video was watched.

So alas the video is blocked again with no recourse. Not to mention the issue of all these third party false copyright claims that don't even appear to own anything whatsoever and are just out to make a quick buck on other people's work and hoping most will be too lazy to dispute the claim and just allow the advertisement to play.
 
A while back i guy had his bird song recordings taken down for infringement .

he had to go through an ordeal to prove that they were his bird songs ?!
 
I had my shaky cam recording of a free outdoor concert flagged. I might just delete it since it's causing such a hoopla for my account as Youtube has emailed me 50 times about possible infringement and the consequences.
 
westrock2000 said:
Individuals do not create content. Only companies can create content.

Is it so hard for you commoners to understand this basic concept??
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If by "individuals" you mean people, then by US legal definition corporations are individuals too. ;)

Our system is so screwed up.
 
and big name corporations are going to stop creating content if we don't make laws protecting them. On the other side, the little guys and the startups don't need the protection of law.
 
What should be "news", besides this, is that the Rickroll'd video was removed for almost 24 hours because of a copyright claim from...AVG Technologies.
 
s2ta said:
Jay Leno should just retire. Like he needs the money.
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<Bill Hicks mode>

Satan, fucking him up the ass on national television....

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

Try the Ranch flavor, Satan!

*CRUNCH CRUNCH CRUNCH*

MMMMM, COOL, AND FLAVORFUL!

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

</Bill Hicks mode>
 
sfsuphysics said:
Also pretty sure that what Jay's show did is covered by any sort of Fair Use doctrine, but then again the guy isn't pissed that Jay used his video, he's pissed that HIS video got taken down and the claim was that NBC owned the rights to it.
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How does the fair use doctrine work? The Tonight Show was using their content, and making money off of it, so that seems like something....
 
Even if it was taken from his show and heavily and tightly copyrighted, a 1'30" excerpt from a 2-hour show does qualify as fair use, for instance for parody usage.
I got a Chuck Norris parody blocked automatically by YouTube, but immediately reinstated after I disputed it under fair use. The funny thing is that my video most likely got blocked as a duplicate of the existing parody on YouTube, itself under fair use from the original movie. (I only added the English subtitles to the original video and gave it to the parody maker as well as published it on my own channel for reference.)
 
This is not about fair use...this is about content the guy created being stolen, for all intents and purposes.

Hey, the RIAA has no problems filing suit against someone who shares a single song or movie, I say he should be usinag a lawyer to file suit about it.
 
While I agree that big business certainly has a trump card in copyright claims ... the guy is a bit of a dick in his response to it. This isn't about Jay Leno, it is about NBC, but he basically tries to blame it all on Jay Leno personally. He should be bitching about how big players like NBC can make mistakes and cost the little guy a fortune without even noticing they're doing it. But, no, he has to do a long rant about Jay Leno personally. He really lost my sympathy along the way.
 
entropy13 said:
What should be "news", besides this, is that the Rickroll'd video was removed for almost 24 hours because of a copyright claim from...AVG Technologies.
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So this. I'm surprised I haven't seen Steve post about it.

Bootleg Usher said:
How does the fair use doctrine work? The Tonight Show was using their content, and making money off of it, so that seems like something....
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In the USA, there are exemptions for limited unlicensed usage of copywritten content *IF* said usage is for: commentary, or criticism, or news reporting,or research/scholarship, and or teaching. Of those news commentary would probably be the only on Leno could claim in his case.
 
Ididar said:
While I agree that big business certainly has a trump card in copyright claims ... the guy is a bit of a dick in his response to it. This isn't about Jay Leno, it is about NBC, but he basically tries to blame it all on Jay Leno personally. He should be bitching about how big players like NBC can make mistakes and cost the little guy a fortune without even noticing they're doing it. But, no, he has to do a long rant about Jay Leno personally. He really lost my sympathy along the way.
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Exactly. I doubt Jay Leno himself takes the time to scour the internet looking for copyright infringement. His people or more specifically NBC filed the complaint.

Plus his letter is exhausting to read and out right terrible.
 
I don't know much about how youtube and tak-downs/notices work technically...

I just assume that NBC adds their content to Youtubes (or their own, not sure which) automated system.

Since the clip was probably included in the NBC content, it matched the original content and was mistakenly flagged as copyrighted content and taken down automatically.

From what I have read, the whole automation of copyrighted content filters and such is pretty much slanted in favor of media companies and the entity that opened the complaint. Original content taken down due to Copyright complaint, disputed because it was original, rejected just because the other said the dispute'er was wrong...

Seems to me somehow the original poster should receive the benefit of the doubt until the complaintee can prove their take-down is justified... not the other way around.

Seems like the media companies have to be more diligent in editing out 3rd party content from their content to avoid this from happening. Personally I think it IS NBCs fault for essentially alluding to other peoples content as their own by not editing out 3rd party content from "ContentID" type systems.

I don't think NBC stole this guys content or needed to ask for permission. They put it up publicly on youtube for anyone to view for free. I think Jay and the Tonight Show should be protected on that part.

Now I can see youtube content creators demanding some sort of credit though, like if you reference YT clips on TV, you must display the title and creator name. So at least viewers can later go look it up on YT later and the creator can then at least get the ad revenue.
 
CharonPDX said:
"Hrm, my video was improperly taken down. I could: A. File the DMCA "I'm not guilty" safe-harbor paperwork and have YouTube restore it; or B. Bitch about it online, because someone who had nothing to do with the takedown is famous, thus earning me my 15 minutes of internet fame..."
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Yea really. It isn't that hard to file the paperwork.
 
Satyrist said:
<Bill Hicks mode>

Satan, fucking him up the ass on national television....

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

Try the Ranch flavor, Satan!

*CRUNCH CRUNCH CRUNCH*

MMMMM, COOL, AND FLAVORFUL!

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

*SNOORRRTTTT*

UHHHHHHH-HHHUHHHH

</Bill Hicks mode>
Click to expand...

Hahahah!!
 
Bootleg Usher said:
How does the fair use doctrine work? The Tonight Show was using their content, and making money off of it, so that seems like something....
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Well I'll forward your request of the "how" to google or wikipedia, but it's probably under the guideline of "parody" I'm assuming. Just like how Jon Stewart, Tosh.0, or any one of those shows can use other people's work, crack some comment/joke about it, and it's instant parody.
 
swatbat said:
Yea really. It isn't that hard to file the paperwork.
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The problem is, why should he have to do that shit in the first place? Apparently, there's no such thing as "benefit of the doubt" in America any more unless you're a corporation. Then you can just buy whatever laws you want.
 
Pitabred said:
The problem is, why should he have to do that shit in the first place? Apparently, there's no such thing as "benefit of the doubt" in America any more unless you're a corporation. Then you can just buy whatever laws you want.
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winner%20is%20you.jpg
 
Next thing you know, he'll be trying to block anything with his likeness on it, such as little witticisms like,

"Hey good evening everyone? Anyone remember when I was funny?!!?!?!?!"

Always remember, he's a company man to the bitter end.

And don't even get him started on what would happen if Patrick Buffy and Joey Lawrence were to guest star on the same night....
 
Pitabred said:
The problem is, why should he have to do that shit in the first place? Apparently, there's no such thing as "benefit of the doubt" in America any more unless you're a corporation. Then you can just buy whatever laws you want.
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Because that's the law. If you don't like it, protest the law, not the people taking advantage of it. (Or, in this case, the person affiliated with the company who was improperly taking advantage of it.)

In fact, YouTube has a *REALLY* easy way to protest false DMCA takedowns - they email you, and you click the link and check the checkboxes that say, (summarizing) "Yes, this is my original work and/or I own the copyright to it, please restore it now, and if the person who complained makes another complaint, I accept that I am legally responsible now not YouTube, and you will pass my info on to them so they can sue me directly if they continue to claim it is their work."

Which, if it *IS* your own original work, ain't gonna happen.
 
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