Transformers 3 vs. YouTube

Discussion in 'Transformers News and Rumors' started by SilverOptimus, May 15, 2010.

  1. SilverOptimus

    SilverOptimus Movie News Monster Moderator News Staff

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    NOTE: The following excerpts are taken from an article written by techdirt.com and does not represent TFW2005's opinions in any way. Original Article's personal view points of the author were taken out, in order to produce an unbiased news article.

    Viacom's copyright fight with YouTube has spread to the "Transformers 3" set. Two fans stumbled upon the filming of a car-crash scene outside their office and quickly recorded videos, which they posted to YouTube. Viacom sent a DMCA takedown notice for one but, at least so far, left the other online.

    According to the takedown, Brown's video "matched third party content. The filming took place in a public alley.

    Paramount; which is a subsidiary of Viacom, is in the middle of a big lawsuit with YouTube, where one of the things Viacom has been claiming is that Google should just know what content is infringing and which is not.
     
    Last edited: May 15, 2010
  2. Nevermore

    Nevermore It's self-perpetuating a parahumanoidarianised!

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    I don't know what it's like in the US, but in Germany, footage filmed in public places is copyrighted to whoever does the filming. The only limitations I know of would be if the footage violates privacy rights of indivuals.
     
  3. Chopperface

    Chopperface Holtzmanned

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    What a mess. If it was a public alley, then by all means, its' not illegal for the filmers to film it.

    This was in Chicago, right?
     
  4. Ash from Carolina

    Ash from Carolina Junior Smeghead

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    Unfortunately Viacom has recently lost their collective minds. It is understandable that a media company would want some form of protection and compensation for their intellectual property but Viacom has been taking things too far. What's next court orders to get fans to take down pictures of stars from their Facebook pages?

    Either a case has to go to the Supreme Court to remind Viacom that you can't be a media Nazi in a culture based upon freedom of speech or people will just have to get so disgusted by Viacom's over the top bad behavior that people boycott Viacom connected goods.
     
  5. VaderPrime1

    VaderPrime1 Prepare for termination!

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    It is the same, if you take it with your camera then it becomes your property.
     
  6. Valkysas

    Valkysas Attack Buffalo

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    Viacom doesnt give a shit.

    seriously, read up on what they're doing. Mike Mozart has a bunch of videos up about it.
     
  7. RedAlert Rescue

    RedAlert Rescue Banned

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    Wasn't it Viacom who stopped all the Star Trek Websites from using images and content that was copyrighted ?

    I have to wonder if they release a Trailer for a movie - isn't that trailer supposed to be desseminated... and if so can't screen captures of it be used under the terms of promotion or information about a product (the main movie) or for review purposes.

    Don't they effectively give it away.. and also as they are broadcast I have to wonder about the legalities of that.

    If they'd been followed about by a local news crew they may have shot the same sort of stuff as those people did - they might even have submitted it to a newpapers/broadcasters website and said this is going on in our town and it might have made the local news.

    If the exact same footage had been shown on TV or taken by a news camera crew following them about would Viacom have been screaming about it then ?

    I don't know why they are moaning it's not like it gives anything away Michael Bay's own website says where they are filming usually and those images of Bumblebee and The Twins give way more away than a smart car being thrown down a street does.

    [Those videos seemed to have been filmed side by side from adjacent windows one on an iPhone.. so it's not like someone was stalking an official camera crew as far as I can tell - and if they are in their own business building overlooking a public street I can't see how they can justify the take down]...

    I'd be interested to know why they think they can justify it.

    But then they were big on them sensorship chips too... so I'd concire that their behaviour offers the appearance of being self defeating.

    They might have an argument for footage taken on a private property or a closed set - especially if the person who took it had signed an NDA but even so they have a responsibility for their own security.

    I got the impression that the people taking the pictures were also chatting to some of the crew and didn't get any hastle from them.
     
  8. Shadow25

    Shadow25 Well-Known Member

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    Yeah, I noticed that the alleyway scene with the flipping car was taken down.
     
  9. Ash from Carolina

    Ash from Carolina Junior Smeghead

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    Someone at Viacom is not intelligent enough to have figured out that when fans post a clip of something on You Tube or post pictures on a website with lots of traffic that it's free advertising. Not only free advertising but free targeted advertising.

    Full episodes and full movies, yes that is losing them money but clips and pictures doing the promoting for Viacom's products without Viacom spending a dime benefits the company. Which is why some places will leak something on purpose because they know the benefit of grass roots buzz over traditional ads. Let a fan get hold of something and they will do the promotion for you.
     
  10. Sso02V

    Sso02V Injector Has a Posse

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    Man, they couldn't even veil it in some bullcrap about not wanting people getting hurt while trying to film the production.
     
  11. VaderPrime1

    VaderPrime1 Prepare for termination!

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  12. Bgrngod

    Bgrngod Autocon

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    Next, they will be suing the folks that watched it for having a "mental recording" of their movie set.
     
  13. ComicGuy89

    ComicGuy89 Well-Known Member

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    That's a good one! :D  But seriously Viacom is taking this too far. Simple acts such as these do not threaten their financial stability in any way. They need to stop getting paranoid.
     
  14. Jarodimus

    Jarodimus the guy with that scan Veteran TFW2005 Supporter

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  15. The Madness

    The Madness News Credits: -13

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    I didn't get to see the footage in question so I can only speculate; but choreography and stunt direction is entitled to as much IP protection as filming.

    While I'm sure the video will only benefit the movie by stirring publicity, it probably is dangerous to consider someone could potentially film another's work and have ownership of it to the point at which they could sell it for use in another project.

    Legally there is no difference between filming with a phone or a HD camera, and the line needs to be drawn somewhere.
     
  16. Sioce

    Sioce Radicon in training

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    ^No. Just no.
    Viacom needs to catch a full faced bitch slap from the supreme court to make them sit down and shut the f#ck up.
    It is one thing to file suit against someone for posting full shows. It is entirley another to sue for clips.
    This case is just ignorant in the most extreme. If these guys filmed it and posted it, then Viacom needs to eat shit about it. It is the property of the person filming it. Unless they broke onto a closed set. Which with this being a public alley that is not the case.
     
  17. Valkysas

    Valkysas Attack Buffalo

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    if I go dance around in public places, where other people are going to be, are they not allowed to film me, then? See how tabloids and newspapers are allowed to exist.

    Yeah, Mike is painfully energetic. But the man did his research, and he (and others looking into this) presents a lot of interesting stuff. such as....

    Viacom opened up dummy accounts, and uploaded their own clips, just to bloat their claim numbers in their lawsuit against youtube.

    their site, ifilm.com, constantly steals and re-labels popular youtube videos and posts them without permission. They load the video page up with ads, and make money off other people's work.

    They do the same thing they're angry at youtube members for doing.
     
  18. Backscatter

    Backscatter Autobot Brainmaster TFW2005 Supporter

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    I had the exact same experience. Worst youtube I've seen in awhile.
     
  19. RoboticPlanet

    RoboticPlanet Exclusively Exclusive

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    If that were true, which I'm sure it isn't, it would be moot in this case as the DMCA doesn't cover such things.

    From the sounds of things this is a false takedown notice submitted by Viacom. AFAIK, takedown notices are submitted under penalty of perjury and the submitter can be liable for all legal fees of the takedown recipient, should that person win in court. If the person who shot the video REALLY wants it reposted, they should get counsel from a lawyer or maybe the EFF on how to submit a wrongful takedown letter to YouTube, which is the first step in a long, ugly, uphill battle.
     
  20. misterd

    misterd Well-Known Member

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    What's a few lawyers to Viacom? They're on the payroll already, may as well get some use out of them.

    In most cases, I imagine people back down to avoid the court costs.

    Worst case scenario is that nothing changes, and Viacom is no worse off than before the suit. Best case scenario is they get their way.

    Why wouldn't they sue?
     

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