Percboy
Nitro Member
BTW, I just watched a video that was broadcast by ESPN that clearly shows the wreck from a perspective not shown on the ESPN2 broadcast yesterday. It was shot from behind the line and off to the right and looks like it came from a camera on a lift. It shows the full wreck and clearly shows the tire bouncing down the track, into the pits and over the trailers. Is NHRA going to go after ESPN for that one?![]()
I don't know how I can explain this any simpler. It was a personal video. Just because NHRA filed a copyright claim and had YouTube yank the video does not mean that NHRA owns the copyright. Again, Goggle "Michelle Malin DMCA' and do some reading. If the people who filmed your buddy's son had filed a DMCA counter-claim and wanted to go through the effort I bet they could have won. YouTube may be considered a rebroadcast but that's where "fair use" comes in, because it's being used for discussion and it's newsworthy.<snip>
Is NHRA going to go after ESPN for that one?![]()
I forgot to include a /sarc at the end for sarcasm. I know they have a contract, it just seems very funny to me that ESPN broadcasts professional video showing the wreck and the tire bouncing into the pits and over trailers while NHRA is fighting so hard to keep an amateur version that doesn't show as much off of YouTube with copyright claims.Brent.. i belive ESPN has a contract to record and use the footage... even being paid to broadcast gives them rights to the footage on ESPN networks... you won't see that footage on any other networks...
Billy
No sh!t, Sherlock. It's called sarcasm.No, NHRA has granted the rights for usage to ESPN for all on-track footage, not to you or anyone else.
Donate away!
No sh!t, Sherlock. It's called sarcasm.
That is not the video I saw earlier! Christ, pay attention and use some reading comprehension skills.Apparently nobody got your sarcasm.
BTW, ESPN is still showing the crash footage on their Copyrighted ESPN Website, but of course they have the rights to do so... Unlike U-Tube.
...was not injured. The wheel then traveled nearly an 1/8th of a mile, bouncing down the return road, and hitting the top of a six foot fence. Witnesses then say it hit a woman spectator.
That is not the video I saw earlier! Christ, pay attention and use some reading comprehension skills.
What I saw was filmed from a camera on a lift from behind the starting line and off to the right. It shows the wreck and it clearly shows every bounce the tire takes down the return road, into the pits and into the trailers. Whoever uploaded it used a camcorder to tape it off of his TV but it clearly shows the ESPN logo on the screen!
It has the following commentary by what sounds like Paul Page:
That sure as hell isn't the same video that's on ESPN.com that you linked, is it? And it certainly was not shown on the race broadcast on ESPN2 last night.
I've actually read it both ways, Martin. What I've heard on more than one occasion over the years from more than one track owner is that in the event of a death, the facility is immediately shut down pending investigation. However, if the individual is transported to a hospital prior to being officially pronounced dead, that particular rule doesn't necessarily apply.
I'm not saying that was the case in this particular situation, but it's not only happened before (not necessarily saying at a National Event), it's also not inconveivable for the brass at NHRA to make sure this was the case for the sake of the event not being stopped.
Anybody else have any solid information on how that actually works?
Sean D
That's fine, NHRA and ESPN can show their footage however they like. That does not negate "fair use" of their copyrighted material.NHRA and ESPN will continue to show you and the public what they will of the Phoenix crash and debris, they can manage the footage anyway they see fit, it is not your business. Just as ESPN showed a managed piece of video when Scott Kallita crashed and with Darryl Russell's tragic death.
Hold your breath, stomp your feet, if they do not want a spectator or home viewer to use a price of copyrighted video, it is their business, NHRA and ESPN hold the copyright.
Sorry but I have a life to get back to, your mileage may differ. (sarcasm intended)
BROADCAST is the key word here!Like I've said several times now, just because NHRA claims they own the copyright does not make it so. The general rule of law, despite what an association, sanctioning body, etc., claims, is that the person who shot the pictures or video is the copyright owner. A blanket statement like NHRA slaps on the back of their tickets is usually laughed at in court. I can claim I'm the president, that doesn't mean I am.
And even if NHRA did own the copyright to a certain video or picture, there's still "fair use" which allows for somebody to use another persons copyrighted work for various reason such as commentary, criticism and/or because it is newsworthy. Antron's crash is certainly newsworthy and it's certainly being discussed, both of which are factors in determining "fair use" of a copyrighted work.
Just because NHRA says that doesn't make it true! The person who shot the pictures or video owns the copyright, not NHRA. It's been decided in numerous trials across the country over many years. The copyright owner determines how it's viewed or shared, not NHRA.Here's something for you...NHRA plays a disclaimer at each national event that say something to the effect that no photographs or video taken at today's event can be published without the consent of the NHRA.
I think this disclaimer is in the event something like this happens.
Sorry if someone has already mentioned this.
I don't own a TV channel, do you? Did any of you bother doing a Google search for "Michelle Malkin DMCA" and reading any of the links? If not, stop posting and do some reading before you post again! I made it simple, I posted the links earlier in this thread. Go read them. Even if NHRA and/or ESPN own the copyright to something you can still use it under "fair use." What's so goddamn hard to understand? This isn't new, "fair use" has been around for a long time. The first some of you may remember it being discussed was when Sony was sued over VCR's. Stop posting and ****ing read! Fair use - Wikipedia, the free encyclopediaBROADCAST is the key word here!
United States copyright law - Wikipedia, the free encyclopediaThe "fair use" exception is codified at 17 U.S.C. § 107, and states that "the fair use of a copyrighted work ... is not an infringement of copyright." The section lists four factors that must be assessed to determine whether a particular use is fair.
If anybody would take the time to check it out. Brent is actually right here when it comes to who owns the rabbit poop. (does the rabbit own the poop he pooped? Or whoever owns where he pooped?)
How do you think photographers and videographers sell their product, if they don't own the copyright to it?