How To Challenge a Wrongful YouTube Takedown Through Fair Use
We’ve been tracking the Hitler Downfall meme and have become very concerned about the recent slate of YouTube takedowns by Constantin Films.
In talking to many of the creators of the Downfall meme videos, we discovered that many of them were unaware of their rights and protections under Fair Use.
To this end, we’ve created a short video that explains why we think that these videos are transformative works, why they should be protected under the Fair Use doctrine and what creators can do to challenge these unfair takedowns.
For additional information on Fair Use and your rights as content creator online, check out the following resources:
- eff.org: A Guide to YouTube Removals
- Center for Social Media: Code of Best Practices in Fair Use for Online Video
- The Stanford Center for Internet and Society’s Fair Use Project
Big thanks to Pat Aufderheide of the Center for Social Media and Elizabeth Stark of the Open Video Alliance for their valuable assistance on this.
I can’t vouch for the legal conclusions (e.g., a particular video constitutes “fair use” – often a complicated assessment, ripe with uncertainty and risk), but the video does walk one through some of the mechanics of the youtube takedown dispute process.