I
am no fan of Alex Jones but given the Colrado events will put this
out – I'm no fan of censorship and tyranny either.
(1)
the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
Warner
Bros. Censors Review Critical of Dark Knight Rises Just Before
Release
Alex
Jones’ review of the film The Dark Knight Rises, hitting theaters
Friday, has been blocked inside the United States on copyright claims
filed by Warner Bros., despite its having only used short,
promotional clips that clearly fall within Fair Use guidelines and
1st Amendment free speech rights
20
July, 2012
The
video had been released for over a month and had amassed nearly
300,000 views before it was blocked, whereas normally videos flagged
for copyright matches are flagged by You Tube’s automated bot
system within minutes or hours. Instead, the facts indicate that the
video has been blocked manually for political purposes just prior to
the film’s release July 20th. On previous occasions, “content ID”
blocks or flags, as they’re known in the You Tube system, happen
almost immediately, but this did not fit that pattern.
The
block comes days after the popular movie review site Rotten
Tomatoes turned off comments on its Dark Knight Rises page after
a flood
of negative reviews from
critics prompted a backlash of negative comments. The Infowars review
was only mildly critical, focusing on the political messages
contained in the film’s franchise and other similar hero flicks. It
it outrageous that Hollywood would sink to the levels of censoring
critical reviews, but yet it is taking place. Clearly, Warner Bros.
is hoping to stifle any buzz it feels could undermine its blockbuster
box office returns (though this seems unlikely for such a popular
film franchise regardless of even the harshest criticism).
Alex
has challenged the block inside You Tube’s system, citing the right
to review, analyze, critique and cover elements of copyrighted work
for its significance in our shared culture. Courts have upheld the
Free Speech rights to use promotional materials such as movie posters
and trailers in the past, as they are intended to be released and
seen by the widest audience possible. U.S. Code deals with these free
speech protections under Title XVII, Sections 106-117. Section
107 deals
directly with “Fair Use”:
§ 107 . Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1)
the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
(2)
the nature of the copyrighted work;
(3) the amount and
substantiality of the portion used in relation to the copyrighted
work as a whole; and
(4) the effect of the use upon the potential
market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Below
is mirror of Alex’s review. Please share, link and watch before it,
too, is blocked or removed from You Tube.
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