Oh noesssssssssssssssss!!!!!!!!!! They iz tryin to take our YouTube Hitlerz!!!!!!! This meenz wor!
YouTube’s Advice: Dispute Hitler “Downfall” Parody TakedownsTwo days ago, several of the popular Hitler Downfall parody videos were pulled from YouTube because owner Constantin Films claimed they infringed on the copyright. YouTube indirectly responded on its blog today by encouraging its users to dispute the takedowns through a process it already has in place for situations like this.
YouTube’s (YouTube) only direct reference to the Hitler parodies was a hyperlink from the word “parody” in the blog post, but it’s clear given the timing that the Downfall takedowns were the reason YouTube spoke up. It wrote in general terms about its Content ID system, which allows copyright holders to request immediate takedowns based on their own standards.
The implication of the blog post was that the clips from Downfall were taken down not through the legal process associated with the applicable Digital Millennium Copyright Act (DMCA), but through this Content ID system. As a result, anyone who uploaded a Hitler video that has been taken down can dispute the takedown by checking a box that says, “This video uses copyrighted material in a manner that does not require approval of the copyright holder.” A dispute immediately restores the video, and the owner of the copyright may then decide to seek a formal takedown through the DMCA’s process.
The disputes will likely stick, because it’s easy to argue that the Downfall videos fall into the parody category, and parodies are fair use of copyrighted content in the applicable laws. Some of the videos that were taken down have already been restored, including the “Hitler Orders DMCA Takedown” video (embedded below) — that’s the one YouTube linked in its blog post.
The Hitler parodies have exposed thousands of people to Downfall who never would have known about it otherwise, so Constantin Films’ decision to challenge the videos seems a little extreme.
Some, however, know that viral videos can be a form of flattery and free publicity. When asked about parodies users have made of his company’s own content, Nike VP of Digital Sport Stefan Olander told the YouTube Biz Blog: “Imitation is the sincerest form of flattery. We love when people engage and participate in the storytelling.” Even Downfall director Oliver Hirschbiegel told New York Magazine, “You couldn’t get a better compliment as a director.”
Oh, and there’s one more interesting tidbit: The Downfall takedowns took place on what would have been Hitler’s 121st birthday.
http://www.youtube.com/watch?v=PzUoWkbNLe8
Topic: YouTube’s Advice: Dispute Hitler “Downfall” Parody Takedowns