Monday, July 24, 2006

ESPN Sportscenter Hotdog Challenge video infringes copyright says ESPN

Over the weekend, I received an email from YouTube saying that they had to disable a video that I posted to the site because it is infringing. Here's the email:
Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by ESPN claiming that this material is infringing:

ESPN Sportscenter Hotdog Challenge:

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
PO Box 2053
San Mateo, CA 94401

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

YouTube, Inc.

Copyright © 2006 YouTube, Inc.
Great work ESPN! I wonder how infringing can a 33 seconds clip of two of your presenters eating hotdog be. I posted the clip on YouTube and on my blog posting on July 7. In that post, I reported the bizarre thing that happened during an ESPN Sportscenter news episode in which the two presenters began challenging each other in a hotdog competition. I captured a video of it and then decided to use it to accompany my posting since I felt that no amount of words can describe how funny it was. I wasn't in anyway out to infringe the copyrights of ESPN. And hey, I even provided few seconds of exposure for their sponsor Toyota at the end of the clip. So lighten up ESPN.

Previously: ESPN Sportscenter Hotdog Challenge


finatiq said...

See lah. This is what happens when you become famous. 33 sec video also worries ESPN.

Lord Kimbo said...

Its not as if you uploaded the entire sportscenter news.

r'chelle said...

wat a pity.
the video is funny.

xXx said...

Must be some stupid lawfirm that advised them.

Shy said...

ESPN is overreacting.

Myra Leong said...

At least, they did not sue you or force you to shut down your blog.


ENG said...

I wonder if it is the US ESPN office or the Singapore/Asia office that wants this removed.

Anonymous said...

It's fair use.

Mr Big said...

Stupid indeed.

mr black said...

The good thing with uploading videos to youtube and let them host it is that if there is any copyright infringement, the worst that will happen is that youtube will simply disable the video.