Hitler “Downfall Meme” gets taken down
openvideoalliance.org
openvideoalliance.org
Not saying it should/shouldn't be like that, just making an observation (far be it from me to dictate to the community how it should act), and am surprised to see it on Hacker News.
Sigh.
a) They were not aware of the downfall stuff on youtube until this point and, when they discovered it, they were horrified and promptly removed them
b) They were aware from the beginning and hated it from the beginning and it's taken them 2 or 3 years to work through the process of taking them down
c) They were aware from the beginning and they loved/tolerated it but something changed their mind recently and now they want them removed
d) It's not actually the film company filing the notices but some elaborate 4chan troll
e) something else
There are no boring hypotheses that I can think of. Every hypothesis has something weird associated with it so I'm really curious which it ends up being.
But that's just a wild guess on how things work there.
Specifically: What happens when Content ID identifies a match?
If Content ID identifies a match between a user upload and material in the reference library, it applies the usage policy designated by the content owner. The usage policy tells the system what to do with the video.
So, I'd highly suspect that just now the content owner set the policy. I can't believe that the filter is multiple years out of date, and just now catching up. They wouldn't all be flagged at once, if the processing was that slow.
Well done, Sir !
In all seriousness, the actual film has become one of my favorite WWII movies. I think the Hitler meme works in part because it's recontextualizing such a magnificently, disturbingly well-executed scene, which in turn gives anyone who appreciates good film a good reason to seek out the original.
http://nymag.com/daily/entertainment/2010/01/the_director_of...
Seems like it wasn't really qualifying. Taking 5 minutes wholesale out of a movie and overlaying text is a tough sell for "parody", which typically involves shorter duration.
I hope someone challenges this ruling. It'd be interesting to see if we can expand what parody is.
Similarly, when Weird Al Yankovic ripped off Nirvana to make fun of Nirvana he didn't need to get permission to do so, but when he ripped off American Pie to make fun of Star Wars Episode 1 he did. (For the record, Weird Al nowadays always gets permission from the original artist anyway.)
Length of the excerpt has nothing whatsoever to do with whether or not a use is parody. Length of an excerpt compared to length of the whole work has something to do with whether or not a use is "fair use," and thus permitted without permission.
Similarly, parody is one purpose for adapting a copyrighted work, which is also a test of "fair use," with rather generous legal protection. The book Dave Barry's Book of Bad Songs
http://www.amazon.com/Dave-Barrys-Book-Bad-Songs/dp/08362144...
is an example of use that is fair use even though some of the quotations from some lyrics did NOT receive permission from the copyright holders--as is explicitly noted on the extensive credits page of Dave Barry's book.
The "meme" is a major advertisement for the film, and free for them. I know a lot of people who have rented or seen Der Untergang whose first exposure to the film's existence was the Hitler spoofs.
It's not my fault that the media corporations can't figure out a way to make money off the new distribution mechanisms.