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Selective Harrassment From Fox?

By: Bob Parks (Diary)  |  March 27th, 2009 at 06:38 AM  | 

RESIZE: AAA

I received the following email early this morning regarding a controversial video now posted on NMATV…

From: Web Enforcement [mailto:Web.Enforcement@fox.com]
Sent: Thursday, March 26, 2009 2:35 PM
To: customersrv@stratagemtech.com; techsupport@stratagemtech.com
Subject: Nmatv.com – URGENT — Copyright Infringement Notice

Attention Stratagem Technical Services:

Twentieth Century Fox Film Corporation (“Fox”) is the owner of exclusive rights protected under copyright law and other intellectual property laws in many motion pictures and television programs including the television series entitled FAMILY GUY (“Fox Properties”).

Unauthorized copies of the Fox Properties are being offered from the website http://www.Nmatv.com which we understand is hosted by Stratagemtech.com. This website also makes illegal use of artwork and trademarks associated with Fox’s copyrighted content.

Please help coordinate the immediate removal of all links to illegal copies of Fox content offered on the http://www.Nmatv.com website including the link identified below:

FAMILY GUY
http://www.nmatv.com/flvideo/1807.flv

“Removal”. A reoccurring theme….

This email is not a complete statement of Fox’s rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies, or defenses of Fox in connection with this matter, all of which are expressly reserved.

The undersigned has a good faith belief that use of the materials in the manner described herein is not authorized by Fox, its agent, or the law. The information in this notice is accurate. Under penalty of perjury, the undersigned is authorized to act on behalf of Fox with respect to this matter.

Sincerely,

Lesley Wright
Manager, Online Enforcement
Content Protection
Fox Group Legal
2121 Avenue of the Stars
Los Angeles, CA 90067
Tel: (310) 369-7582
Fax: (310) 969-0448
Webenforcement@fox.com <mailto:Benjamin.Sheffner@fox.com>

My response is the following…

To Web Enforcement, Fox Inc.

I must admit to being perplexed by your recent email, so please permit me to be blunt.

NMATV is a 50% black-owned business. While race isn’t an issue, public perception is another thing.

There are dozens, if not hundreds of Family Guy videos currently on YouTube. NMATV has ONE.

I understand the subject matter of the video in question is controversial, but we didn’t write, produce, or air that clip on national television. Fox Broadcasting did. We could cite Fair Use from the Copyright Law of 1976:

§ 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.

And while your program clip is covered by copyright law, your email is not, and removal of the video from NMATV would require an explanation to our viewers. How it would be perceived by them is beyond our control.

We would be more than happy to remove the video once it’s confirmed that ALL of the Family Guy videos on YouTube alone, are purged from the Internet. Singling out our ONE video would have the appearance of selective discrimination, and I’m sure we don’t want to go there.

Please inform me of how you wish to proceed.

Thank you,
Bob Parks
Executive Director, NMATV

COMMENTS

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  • Brian Hibbert

    http://www.nmatv.com/video/1855/Warner-Todd-Huston-on-the-2nd-Amendment

    It’s a pretty good video.

    Now back to the subject. If you are broadcasting their video without payment to them, you’re violating their copyright and must take it down at their request. If you are using clips as commentary or a similar work as a spoof, you are in “fair use” territory.

    I didn’t see the video they complained about so I can’t express an opinion about how you’re using it.

    I AM a bit offended by your use of race as an implied threat to FOX. Conservatives don’t (or shouldn’t) play that game.

    There was no implication of race in their attempt to protect their copyrights. And if I remember the law correctly*, they MUST protect their copyrights when they are aware of potential violations or they loose the copyright protection.

    *I am not a lawyer, nor do I play one on TV.

    • http://hillbillypolitics.com Steph C

      FOX provided embed code with respect to the questioned video.

      For the rest, I agree with you. Right and wrong is not a matter of color but of people knowing the difference between regardless of color.

  • JadedByPolitics

    because it’s running on a 50 percent owned black site FOX should cease and desist because of that? WE DON’T PLAY RACE GAMES HERE!

    They own it they can do what they want with…..I will guess you perceive some type of racism in this? It is business…jeez!

  • http://www.black-and-right.com/ blackandright

    Will all due respect, the left interjects race into many issues where it doesn’t apply when it comes to conservatives, and most of the time we succumb and apologize.

    The facts here remain: Google (YouTube) has dozens of Family Guy videos, is white owned, and has not been targeted. NMATV is technically black owned and has targeted for ONE clip.

    ONE CLIP, and that clip is covered under Fair Use.

    If liberals can play that game, I’ll throw it back in their faces. If I back down, expect there attempts of censorship to increase. When that happens, don’t complain. Bob

  • http://www.black-and-right.com/ blackandright

    If you wish to lay down to the gay lobby, who cracked NMATV yesterday in an attempt to censor us, that’s your problem.

    I back down to no one.

  • Brian Hibbert

    Leave the race threats out of it. You’re likely to get someone seriously irritated and have them work harder to sue you. That is how I would react if you responded to me with that sort of threat.

    If this is a fair use issue, please express to FOX in a reply that you believe it to be one. Explain WHY it’s fair use. Straight rebroadcasting of their property is not fair use, it’s theft. Using portions as parody is fair use. I didn’t find the clip in question so I can’t render an opinion.

    Pointing to others on YouTube that are also wrong doesn’t excuse your own violations. For one thing, you don’t know that similar letters weren’t sent to the people who posted the videos on other sites. Or, they may have a licensing agreement with YouTube that allows such rebroadcasts (you may want to make such an arrangement yourself).

  • JadedByPolitics

    the with all due respect with me and if you spent anytime on this site before posting you would know WE know that “with all due respect” means NONE IS COMING!

  • Brian Hibbert

    I didn’t see any reference to that in Jaded’s response. What are you talking about?

  • http://www.black-and-right.com/ blackandright

    Well, thank you for the forceful instruction. Coming from someone who couldn’t even follow a correct link is clearly helpful.

    http://www.nmatv.com/video/1807/Family-Guy

  • http://www.black-and-right.com/ blackandright

    We suspect the gay lobby was behind the notification to Fox after their attempt to shut NMATV down via crack was aborted:

    http://www.black-and-right.com/2009/03/26/cracker-alert/

    So, should we just remove the video because it offends them, or should I say ENOUGH to their attempts at censorship in a manner they understand?

  • aarongardner

    I know it is childish of me **snicker** but I can’t help but laugh when I hear those words….not that it doesn’t exist…just the mental image those words induce…I am happy God blessed me with a good sense of humor.

    My suggestion is to go after the gay **snicker** lobby and leave Fox alone.

    ;^)

  • Brian Hibbert

    I suspect you’re still going to loose WRT FOX. You’re video as posted and excerpted looks like a copyright violation to me. It’s unfortunate that the “gay lobby” is using a 3rd party to attack you. If you want to keep the video, you’ll need to make it comply with fair use. Add some commentary at the very least.

  • Brian Hibbert

    I clicked the first 2 that appeared to point to your site. Neither of which showed the video in question. Sorry I didn’t bow to your supreme writing abilities and try the 3rd.

    Now that I’ve seen it, I don’t see what’s fair use about it. Explain it please. It doesn’t appear to be “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research,”.

    Please explain. And if you can’t convince me, you aren’t going to convince a jury.

  • http://www.black-and-right.com/ blackandright

    AG,
    As a Fox Hollywood alumnus, I’d respectfully remind you that there is a big ideological difference between the Fox Broadcasting Company and the Fox News Channel.
    This I know from harsh experience. That’s probably why we were targeted in the first place.
    bp

  • http://www.black-and-right.com/ blackandright

    Writing ability has nothing to do with it. Issuing orders and talking down to people you don’t know does. I respond in kind.

    The video in question was uploaded and embedded to a site that is aggressively pushing back against the gay lobby. It is there that the commentary is provided. The fact that the video itself doesn’t have the full text is by the choice of the user. At NMATV, we don’t censor user comments.

  • Brian Hibbert

    Then there is no copyright issue.

  • http://www.black-and-right.com/ blackandright

    We know “there is no copyright” issue.

    This is all about fighting back against those who would censor us.

  • Brian Hibbert

    I can’t order you to do anything.

    I still think you’re better off working with FOX to either get permission or an acknowledgment that it’s a fair use of their property. I think you’re more likely to get permission in this case because at a casual observations it doesn’t look like fair use. If you got a REALLY GOOD copyright attorney you might be able to convince a jury, but I doubt it.

    I don’t think it matters to FOX who alerts them to potential copyright issues. They MUST protect their works when they’re aware of violations or they lose their rights. They aren’t the bad guys here, they’re only trying to protect their property.

    And I think Aaron’s suggestion is correct too. Instead of fighting FOX, go after the people who brought the complaint. Use their own weapon if you can. Find places where they’ve violated FOX or CNN or ABC, etc copyrights and alert the networks of the “gay lobby” violations. Get THEM to pay the legal fees to fight the networks.

    I AM offended that you would use race as an implied threat. As you say in your post, it has nothing to do with issue at hand.

  • Brian Hibbert

    And it’s a friend’s duty to tell you when they think you’re in the wrong. In this case I think you are wrong.