At long last, here is the episode about the National 0rganization for Marriage’s “Gathering Storm” ad, which YouTube took down. We discuss this episode, and why it was taken down, in our What’s Fair Use? episode.
Copyright and fair use are complex and often depend on the details of the situation of use. As a result, Professor Grimmelmann insisted on not getting too specific; he didn’t want to give bad legal advice.
You can research the issues further with the following resources:
- ChillingEffects.org’s FAQs about DMCA notices
- YouTube’s DMCA takedown policy
- the Electronic Frontier Foundation’s articles on DMCA takedowns
- media literacy professor Renee Hobbs’s book on copyright, sampling, and education
- a wiki related to Hobbs’s book
- the Center for Social Media’s code of fair use best practices for documentary filmmakers
- and the National Council of Teachers of English’s fair use best practices.
It may be interesting to compare the different best practices documents!
Here’s another take on the National Organization for Marriage video which we found very edifying for its comparison of the produced and unproduced clips.
We’re not just playing around in this episode: we checked our sources and did the math ourselves to be sure we were correctly representing the Help Delete Online Predators ads and their critics. You can check our sources too:
Livescience has a great writeup and review of the reports on online predators which were initially published by the Crimes Against Children Research Center in 2000 and 2005. The discrepancies between the report and the way these statistics were used in public service ads initially came to our attention through an interview with Bennet Haselton in Slashdot. Haselton runs Peacefire.org, an organization devoted to speaking out for the online free speech rights of people under 18.
For further reading, it’s worth considering Sahara Byrne’s talk on how parents and children give different reports about children’s online behavior. And if you’ve got a strong stomach, British online journal Spiked has a thought-provoking article about “dead baby porn,” which argues that graphic articles about child abuse are less about a collapsing society than they are about those of us who read them: these articles are written to titillate and pander to those of us who want to feel morally superior because we aren’t like “those people.”