WHAS11 Fair Use Update: Day 5

There are over 2,000 WHAS11 videos on YouTube and more than 45,000 Google results for “WHAS11 video.” Surprising, isn’t it? If so much of that station’s footage is allowed to virally spread across the internet, why on earth would anyone at that station single us out for a mere ten video clips? What’s with the hypocrisy? What could possibly need to be covered up so badly? This behavior is obviously in retaliation for our criticism. And we must have struck a chord.

Over the past 24 hours we have heard from numerous reporters, producers and employees at WHAS11 and BELO both expressing outrage at the situation and supporting our right to use video clips under Fair Use. Two other local television stations and one in Lexington have offered support.

Click here to read the rest of this story…

Update: WHAS11 Shuts Down Page One/’Ville Voice Videos

Four days ago, WHAS11-TV (“WHAS11 News”) filed a complaint with YouTube regarding the posting of video comparing, contrasting, discussing and criticizing reports and incidents from around Kentucky. At 7:10 P.M. that evening we received notice that YouTube removed our content.

We believe our use of WHAS11’s video falls under the “Fair Use” doctrine. The same doctrine under which WHAS11 presumably operates when they use video from other sources in their newscasts without express permission. The same doctrine under which thousands of other outlets like ours do the very same thing with the very same content.

Additionally, a number of stories have been broken and first reported by our websites only to be run as news on WHAS11 without any credit being given. Meaning the station looks to our web outlets as sources of major news which the station then reports as its own.

WHAS11 has never contacted us to request that we remove the content. (Though, one employee has contacted us in the past in a less than adult manner, we remind you.) The station’s decision to label us as copyright infringers is not only wrong and demeaning but it has resulted in a major inconvenience to us and our readers.

Today we filed a formal counter-notification (PDF Link) with YouTube in response to the removal of our video content. As stated, we believe our use of WHAS11’s video falls under the “Fair Use” provision of copyright law in the United States.

As we resolve this matter we want to let our readers know what’s going on. We also want you to be aware of the extent to which WHAS11 has gone to stifle free speech and crush journalistic criticism. In this age of new media the actual media is attempting to silence its chief critic by making it impossible to use its content in a contextual matter.

Any person of common sense and compassion would think WHAS11 could learn from past experience. It lost several key reporters and anchors as a direct result of poor management and leadership. It hasn’t been long ago that it lost a multi-million dollar battle in court for knowingly reporting lies and distortions. We sincerely hope the station takes its community-wide reputation into consideration before embarking on a mission against the ever-growing blogosphere.

This is absolutely unfortunate and saddening. It is unnecessary. We have not harmed WHAS11 in any way, have not inconvenienced the station financially and have not performed any act with ill intent. If anything we have given WHAS thousands of dollars worth of free publicity– even the occasional well-deserved praise.

YouTube has a legal responsibility to restore our mistakenly deleted content within 14 days. WHAS11 and parent company BELO have 10 days to further contest our use by taking us to court where media watchdogs and free speech attorneys galore are sure to come to our direct defense.

We don’t wish to be viewed as bullies. We believe we have operated completely within our rights under the law. We believe we have provided WHAS11 and other media outlets with nothing but professionalism and respect. We hope the station gives us the respect we deserve by providing us an apology.

Click here to read more about “Fair Use.”

Breaking: Campaign Finance Violations – Library

A complaint has been filed with the Kentucky Registry of Election Finance against those responsible for the Libraries Yes! tax proposal in Louisville:

  • Craig Buthod, Director, Louisville Free Public Library
  • Mary Griffith, Chair, Louisville Free Public Library Foundation, Inc.
  • Louisville Free Public Library Foundation, Inc.
  • Libraries Yes!, PIC

The complaint, filed by general counsel of the anti-tax side, alleges four serious violations of Kentucky finance law/KRS 121 including:

  1. printing and distribution of yard signs without required disclaimers
  2. distribution of advocacy materials without proper disclaimers,
  3. use of government employees for campaign purposes on business time
  4. mailing materials which directly circumvent campaign finance reporting requirements as independent expenditures.

Click here for a copy of the complaint filed with KREF.

Sources tell us that Ernie Fletcher is expected to make a statement in opposition to the Library campaign. Sen. Dan Seum (R-Louisville) is also expected to introduce legislation further closing loopholes allowing government employees to work on campaigns during “company” time.

Developing. More to come.

Humoring GLI’s Controversy

Remember Louisville’s controversy-stirring Brand Aid from a few weeks ago? Greater Louisville Inc’s strangely conceived attempt at a branding campaign dogged other metro areas and caused many of Louisville’s city leaders a bit of understandable embarrassment.

In a funny turn of events a group called Push for Cheese Films has produced two hilarious spots that take on the campaign from the perspectives of Southern Indiana and San Francisco.

Take a look:





Kudos, cheesy guys!