{"id":1502,"date":"2013-02-27T16:04:41","date_gmt":"2013-02-27T16:04:41","guid":{"rendered":"http:\/\/ncjolt.org\/?p=1502"},"modified":"2020-06-04T20:54:02","modified_gmt":"2020-06-04T20:54:02","slug":"youtube-vs-nascar-video-takedowns-and-its-implications-on-copyright-law","status":"publish","type":"post","link":"https:\/\/journals.law.unc.edu\/ncjolt\/blogs\/youtube-vs-nascar-video-takedowns-and-its-implications-on-copyright-law\/","title":{"rendered":"YouTube vs. NASCAR: Video Takedowns and its Implications on Copyright Law"},"content":{"rendered":"

Wednesday, February 27, 2013, by Collier Johnson
\nThis past Saturday, NASCAR held its annual Daytona Nationwide race.\u00a0 Things were running smoothly until a crash in the final lap<\/a> of the event injured nearly 30 fans after parts of driver\u2019s Kyle Larson\u2019s car flew into the stands.\u00a0 Almost instantaneously, footage of the wreck<\/a> was uploaded to YouTube by a fan that was present at the race.\u00a0 Perhaps even quicker than the footage was uploaded, it was taken down by YouTube at NASCAR\u2019s request<\/a>.\u00a0 The video was replaced with a statement which read: \u201cThis video contains content from NASCAR, who has blocked it on copyright grounds<\/a>.\u201d\u00a0 NASCAR had filed a request with YouTube to remove the video of the fan\u2019s footage citing copyright concerns.\u00a0 Google, YouTube\u2019s parent company, immediately complied with the request.<\/p>\n

NASCAR was simply incorrect in its interpretation of copyright law<\/p><\/blockquote>\n

The problem is that NASCAR was simply incorrect in its interpretation of copyright law.\u00a0 The fans in attendance filmed the videos of the crash on their own recording devices<\/a> and the content belonged to them, not NASCAR.\u00a0 Many spectators called on Google to restore the content taken down given NASCAR\u2019s incorrect belief in their rights in this case.\u00a0 Google agreed with the spectators and restored the content with the following statement<\/a>: Our partners and users do not have the right to take down videos from YouTube unless they contain content which is copyright infringing, which is why we have reinstated the videos.
\nThe bigger issue here is the process by which Google took down the original video.\u00a0 Apparently, when YouTube receives a takedown request from an organization citing copyright infringement, Google usually complies<\/a> with the request in order to avoid liability.\u00a0 If this is the case, it raises the possibility that a lot of content with only weak copyright claims are being taken down simply because a major outside organization has asked YouTube to do so.\u00a0 In this case, Google stood its ground and restored the content but there is no guarantee that this will be followed in the future.\u00a0 This was a very public event and there was a lot of public pressure<\/a> for Google to restore the content.\u00a0 A better and more efficient system is needed by content service providers like Google to ensure both that content infringing copyrights is taken down and content which does not infringe remain available to all.<\/p>\n","protected":false},"excerpt":{"rendered":"

Wednesday, February 27, 2013, by Collier Johnson This past Saturday, NASCAR held its annual Daytona Nationwide race.\u00a0 Things were running smoothly until a crash in the final lap of the event injured nearly 30 fans after parts of driver\u2019s Kyle Larson\u2019s car flew into the stands.\u00a0 Almost instantaneously, footage of the wreck was uploaded to …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[51],"tags":[],"_links":{"self":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/1502"}],"collection":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/comments?post=1502"}],"version-history":[{"count":1,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/1502\/revisions"}],"predecessor-version":[{"id":7620,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/1502\/revisions\/7620"}],"wp:attachment":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media?parent=1502"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/categories?post=1502"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/tags?post=1502"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}