Link to the Addict Accident

[Surfer Ed]

We've been through this a million times in the past here. As a paying customer, you have no right to reproduce footage of any sporting event for public viewing. Home videos for you and your family/friends to view ... great, still photo memories ... great. But it is copyright infringement if you share them publically with a mass audience. Same holds true for NASCAR and the stick and ball sports or the olympics. They organization owns the video rights and you agree to that when you purchase a ticket. Read the small print on the back. This isn't something new. Copyright law has been in place forever ... enforcement just needed to be tweaked to keep pace with the technology explosion (You Tube, etc.).

How can you agree to that when you purchase a ticket if you can't read it until you have already purchased a ticket?
You dont sign anything or enter into any sort of contract.

You can copyright anything you write or film, but you can't copyright an event.

 

[The Swegian]

How can you agree to that when you purchase a ticket if you can't read it until you have already purchased a ticket?
You dont sign anything or enter into any sort of contract.

You can copyright anything you write or film, but you can't copyright an event.

I would surmise that the caveat "by purchasing this ticket, the user agrees to..." applies here. Just by purchasing the ticket, you agree to abide by their rules, whether or not you've read it.

 

[.]

We've been through this a million times in the past here. As a paying customer, you have no right to reproduce footage of any sporting event for public viewing. Home videos for you and your family/friends to view ... great, still photo memories ... great. But it is copyright infringement if you share them publically with a mass audience. Same holds true for NASCAR and the stick and ball sports or the olympics. They organization owns the video rights and you agree to that when you purchase a ticket. Read the small print on the back. This isn't something new. Copyright law has been in place forever ... enforcement just needed to be tweaked to keep pace with the technology explosion (You Tube, etc.).

I think you're incorrect. Read up on "fair use" and the DMCA. The NHRA better hope they can prove they own the copyright to the video (a few words on the back of a ticket don't cut it) otherwise they can be sued for violating the DMCA act and filing a false copyright claim if the person who shot the vid wanted to go after them. Maybe the Electronic Frontier Foundation would be interested in this.

 

[JB3]

I think you're incorrect. Read up on "fair use" and the DMCA. The NHRA better hope they can prove they own the copyright to the video (a few words on the back of a ticket don't cut it) otherwise they can be sued for violating the DMCA act and filing a false copyright claim if the person who shot the vid wanted to go after them. Maybe the Electronic Frontier Foundation would be interested in this.

Brent ... They are the organizer of the event, they provide the venue and orchestrate its execution. They clearly publicize both at the event and on TV that you cannot reproduce thier events in any manner. I have enough business experience to know that very few lawyers in their right mind would touch a DCMA case. Most cases brought to trial have typically been initiated by Free Speech liberals who think the first ammendment is a giant blanket which should allow them to do or say anything they want, whenever they want, to whomever they want. Those that have attempted have mostly failed, the list is long. I have read up on this, maybe you should read up on the DMCA graveyard of lawsuits that failed. The ACLU, Google and the Motion Picture Assoc. of America are just a few. The law is very prescriptive in its content and your rights in the use of electronic media. The NHRA, MLB, NASCAR, etc. don't have to prove ownership of the footage, because they state they own it. Try filming a ballgame and then posting it on You Tube.

 

[.]

Brent ... They are the organizer of the event, they provide the venue and orchestrate its execution. They clearly publicize both at the event and on TV that you cannot reproduce thier events in any manner. I have enough business experience to know that very few lawyers in their right mind would touch a DCMA case. Most cases brought to trial have typically been initiated by Free Speech liberals who think the first ammendment is a giant blanket which should allow them to do or say anything they want, whenever they want, to whomever they want. Those that have attempted have mostly failed, the list is long. I have read up on this, maybe you should read up on the DMCA graveyard of lawsuits that failed. The ACLU, Google and the Motion Picture Assoc. of America are just a few. The law is very prescriptive in its content and your rights in the use of electronic media. The NHRA, MLB, NASCAR, etc. don't have to prove ownership of the footage, because they state they own it. Try filming a ballgame and then posting it on You Tube.

Even though NHRA says you can't reproduce their events that does not automatically give them a blanket right to ban all video or photography from being shared. Just because they state that they own it (the copyright) doesn't make it so. And even if they do own the copyright there's this little thing called "fair use" that still applies.

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

Fair use - Wikipedia, the free encyclopedia (also see: Fair use - Wikipedia, the free encyclopedia)

Fair use really comes into play when a piece is being used for discussion or an event is newsworthy, both of which most certainly apply here. I've seen enough of this type of stuff over the past few years that I'd bet that if the person who shot the video wanted to take NHRA to court for a false DMCA claim they would easily win. Do a Google search for Michelle Malkin DMCA and read some of the articles about DMCA abuse.

 

[Al smith]

on this copyright thing. Wasn't that Asher's video? And wasn't he there in a professional capacity to report for a publication? Did he post the video or did someone get unauthorized access to it? There are plenty of videos taken at NHRA venues that never seem to be a problem for NHRA, I think the professional nature of this video caused it to become a problem. Also remember the Kalitta Video that was immediately leaked to the media. Didn't they clamp down after that?

 

[HEMI6point1]

I've posted clips I have filmed at NHRA events on Youtube and never had a problem. Seems like they only take down videos that show something the NHRA doesn't want people to see (ex: Scott's crash or this one).

 

[hoser]

I've posted clips I have filmed at NHRA events on Youtube and never had a problem. Seems like they only take down videos that show something the NHRA doesn't want people to see (ex: Scott's crash or this one).

Interestingly enough, do a search on Youtube for "NHRA" and you come up with about 14,500 results. And on the first page of results, you can see videos of Blaine Johnson's fatal crash or Bruce Allen's almost fatal crash. So if NHRA is indeed the "copyright owner" of all those videos, why aren't they getting all 14,500 of them pulled?? Very curious, I guess it's "selective copyrighting" !!

Maybe NHRA should employ a full-time person that does NOTHING BUT filing "copyright claims" to Youtube, etc, to get any and all videos pulled from the internet

 

[.]

Jim, 2 more links for you to read which I just came across today: Any use of this article without the NFL's express written consent is prohibited

Copyright Reform Act tries fixing fair use with seven words

 

[Triple Nickel II]

on this copyright thing. Wasn't that Asher's video?

I don't believe it was "Asher's video".

Someone linked it on a message board where there already was a copy of Asher's PHOTO from CompetitionPlus, and next thing you know... people were adding Asher's name to the video as well.