Well this is kinda funny. Now I’ve heard of people being overzealous in their protection of copyright but this is nutty: A 30–second video I shot myself with my 15–frames-per-second digital still camera — and narrated myself! — as I walked through the Canadian National Vimy Memorial in Vimy, France earlier this month has been pulled from Google’s YouTube site. Here’s the notice:
Dear Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Holland & Hart LLP claiming that this material is infringing:
Vimy Ridge Memorial – The Trenches: http://www.youtube.com/watch?v=71fBv-U-6b8
Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.
If you elect to send us a counter notice, please go to our Help Center to access the instructions.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Sincerely,
YouTube, Inc.
And it doesn't sound like this is going to be a simple or easy process to put the video back up either. Sheesh. Anyone know anything more about Holland & Hart.
This has to be a mistake on H&H's part in identifying the video, possibly they were trying to remove one that is close to yours. That's the only thing that would make sense. A quick Google shows them to be a Western based US firm. I did find an IP group – http://www.iph2.com/about.cfm .
It's hard to imagine what IP someone could be claiming over your personal video. The land the memorial is on is owned by the Canadian government.
Should be interesting to hear H&H's response as to why they had the video yanked. I wonder if they realize they picked on a National reporter.
Clearly Holland & Hart or their client is infringing your copyright. You should sue them in a Canadian court. And register with the Canadian Copyright Office.
This is a wacky one, David. I see Michael Geist has picked up on your story, and I think you should pursue it. Just who at Holland & Hart is after this video? Weird.