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February 13th, 2010, 10:58 GMT · By

Vancouver Luge Crash Video Pulled from YouTube

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Copyright law used to silence fatal Vancouver Olympics crash on YouTube
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The 2010 Winter Olympics were off to a bad start as those following the event may already know after the fatal accident of a Georgian luger. The crash opens up a number of issues with the organizers and the track but it also opens up another unpleasant discussion as copyright is being abused, again, to keep video of the crash from popping up online. To no avail obviously, anyone who has tried to stop something from spreading online already knows this, but the Olympic Committee seems undeterred.

Videos which started showing up on YouTube shortly after the crash, as anyone expected them to do, were quickly pulled down by Google citing copyright infringement complaints. The videos are available in other places online and they will probably end on YouTube again for a short while until Google deals with that copy als well.

Truth be told, there's nothing inherently evil or unusual in this, the International Olympic Committee and Google most likely had some sort of understanding well ahead of time and Google may be just acting like it would with any other unauthorized clip from the Olympic. But, while you can defend that action on most accounts, in this particular case, things are trickier as the clip itself would have a very good case for it as 'fair use.'

Google would not comment on the particular video but offered this general statement. "We approach each video individually, and we do not prescreen content. Instead, we count on our community members to know the Guidelines and to flag videos they think violate them. We review all flagged videos quickly, and if we find that a video does break the rules, we remove it, usually in under an hour."

And, interestingly enough, regular TV broadcasters, with no licensing agreement with the IOC, are employing the fair use argument and airing the clip. Yet YouTube, and other online outlets are so terrified of the constant bullying from content creators that they're not going to take any chance and are taking the video down. In the end, nobody wins, people don't have access to the information, online video sites lose viewers and trust from their users and the IOC comes out as trying to hush up an unpleasant situation and (mis)using copyright law to do so.

UPDATE: Vancouver Fatal Luge Crash Video Available on Bing

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READER COMMENTS:


Comment #1 by: Minie on 13 Feb 2010, 17:34 UTC reply to this comment

Where can I see this video? I just heard about the accident today and I can't find it anywhere anymore. They've been thorough!


Comment #2 by: Pat Aufderheide on 14 Feb 2010, 14:28 UTC reply to this comment

If IOC asks, then Google has to take it down according to the DMCA, but the posters themselves can issue a counter-takedown notice if they want to exercise their fair use rights. And they should.


Comment #3 by: 13Mo2 on 21 Feb 2010, 03:47 UTC reply to this comment

Can the IOC actually claim copyright on videos that youtube users have shot themselves wile in the stands at events?


Comment #4 by: Randall Krause on 27 Feb 2010, 02:23 UTC reply to this comment

I agree there is clearly a case for fair use if people wish to comment on the video. Yet now they can't thanks to the IOC. I personally would encourage users to put up videos expressing their distaste for the policy of heavy-handed copyright infringement actions by criticizing the IOC.

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