YouTube is the king of online video clips and personal productions, but sometimes companies get angry when they find parts of their content posted online without their permission. Lacking a better way to handle it, YouTube removes videos upon receiving a DMCA takedown request. The system is awkward at best and McCain just learned how irritating that is first hand when some of his campaign videos were removed based on such an accusation.

The videos in question apparently used small pieces of news broadcasts and other material with copyrights in place, according to CNET. Submitting a DMCA takedown request isn’t as easy as sending an e-mail. YouTube states that It requires written documentation:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

It’s also possible to file a counter notice, which asserts that content was removed by mistake, and YouTube essentially forwards your request on to the original party who filed a DMCA takedown request.

McCain is angry about the situation because, even if his counter notice enables the videos to be re-posted, they’re subject to an immediate 10-day removal. In the context of a presidential campaign that’s a long time.

If nothing else, at least this situation is bringing attention to how convoluted our copyright policies are, and how they can sometimes act as an unnecessary barrier to communication. Beyond that, it’s also drawing attention to McCain’s campaign, which he can’t be complaining about. Especially if it generates some compassion from people suspicious that some rogue political pundit did this just to spite him.

Related:

Entry was posted on Wednesday, October 15th, 2008 at 7:03 pm under Legal, Online video, YouTube.

Read more entries by Matt Jansen.
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