Now that Google owns YouTube (affectionately known as ‘GooTube’ to many) and is looking back on copyright infringements, the DMCA (Digital Media Copyright Act) is being put to good use. Under the DMCA, copyright owners can submit a copyright notice if they feel their intellectual property is being used without permission. Generally, YouTube removes potentially illegal videos before investigating the matter – a “better safe than sorry” policy.
Back in March, the famous Israeli spoon ‘psychic’ Uri Geller, and his company Explorologus Limited, submitted a note to be taken for The video was posted by someone under the username ‘Brian Wise’, for the “Rational Response Squad. It was a 14 minute segment from the PBS documentary program NOVA called “Secrets of Psychics” and included a clip that Explorologist claims is their intellectual property and was used without permission. The video was removed and Wise’s account was suspended for two weeks until he submitted a surgical argument that it did not constitute copyright infringement.
The Rational Response Squad is a group of people on YouTube who seek to debunk what they think are irrational beliefs – this includes psychic hoaxes etc. Uri Geller, as you may remember, is a telekinetic psychic who is famous for his public bending. spoons and pictures, which are shown on the paper, they predict. His abilities have been criticized many times, namely by scholars and magicians who can replicate his exploits through deception and wickedness of hands.
The segment in question is an ironically dominant video of Uri Geller’s more difficult rival, James Randi, explaining how Geller’s spoon-bending could be done through tricks and perverts. James Randi went to great lengths to debunk Uri Geller and other fraud types (like televangelist Peter Poppoff), and even published the book “The Truth About Uri Geller.” But curiously Explorologist Ltd only cared about a 10 second clip from a 1987 British charity show.
Now, however, Uri Geller and Explorologist are involved in a lawsuit by the EFF (Electronic Arts Federation) about Wise arguing that Uri Geller’s ‘void copyright’ DMCA was abused for the purpose of removing their ability to criticize content. They also claim that only the 3 second video is Uri Geller’s IP, and therefore falls into the category of fair use (called “Fair Dealing” in the UK). The EFF is seeking damages.
Undaunted by the skepticism (as usual), Explorologi’s lawyers issued an executive release saying, “Bottom line is Sapient didn’t ask for a license to use public domain rights — it doesn’t own the portion of the video that deals with Dr. Hughes. It’s important to note that this wasn’t the first YouTube complaint against Sapient.”
The explorer later filed his lawsuit against the movie poster for copyright infringement.
This is also not the first time Uri Geller has sought damages or sued for prodigious damages – in the past he also got Nintendo to create a Pokemon in his likeness and sued Ikea to sell a chair with twisted legs called “Uri”. both succeed). In 1998, Geller also filed a complaint against the Broadcasting Standards Commission for “Secrets of Psychics,” citing that the video gave unfair treatment to his abilities. The complaint was ignored.
James Randi, the famous psychic debunker in the video, seems to agree with the EFF, as he commented on his website, randi.org: “What I’m getting at here,” said Randi. is that Geller has no orders in any of that material, and YouTube did not respond so readily to demand by ‘Explorologist Limited’ as a video pull back those clips.
Ironically, James Randi took it upon himself to host several Uri Geller shows on his website, including the controversial one.
The Electronic Frontier Foundation’s mission is to “address the pressing issues protecting free speech, privacy, innovation and consumer rights today” by identifying situations in which policies are being misused to restrict free speech. Earlier this year, the EFF called Viacom on notice to have a parody of The Colbert Report removed from YouTube, and filed a lawsuit against Diebold Inc. has already successfully won a case in which the copyright had been used to silence information about defects in voting machines. . Diebold Inc. had to pay $125,000 in damages and fees.
EFF attorney Marcia Hoffman says, “Uri Geller doesn’t like it when people question his paranormal abilities. But he’s not allowed to use the law to shut down public criticism.”
Under American law, a copyrighted work may be used for criticism, commentary, news reporting, teaching, learning or research, without the threat of legal action, under the category of fair use. However, in Uri Geller’s country of residence in England, the loq restrictions are stricter and require acknowledgment of the work owner.
