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A Race, a Crash and the Nascar Approach to YouTube Video Takedowns
[Quote]:
To say events at the Drive4COPD 300 race in Daytona Beach on Saturday were a nightmare would be an understatement. Nearly 30 fans sustained injuries after parts of driver Kyle Larson’s car tore through the stands in the wake of a final-lap crash involving multiple cars.
A video of the wreck, shot by a fan and uploaded almost immediately to YouTube, detailed some of the carnage that swept across the stands and the race-goers that filled them. In a particularly intense moment, one person appeared to be pinned down by an errant wheel that flew off one of the wrecked cars.
But just as quickly as it was uploaded, the video was taken down from YouTube at Nascar’s request, citing copyright concerns.
[..]
“The fan video of the wreck on the final lap of today’s Nascar Nationwide Series race was blocked on YouTube out of respect for those injured in today’s accident,” said Steve Phelps, Nascar SVP and Chief Marketing Officer, in a statement issued to AllThingsD.
So doing things under false pretenses is now a legitimate form of showing respect to someone. I’ll try to remember that, it might come in handy!
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Of course it may not all be about either respect or copyright, the amateur footage may also be vital as evidence of incompetence or negligence on the part of the organisers.
Take the case of the 1955 Le Mans disaster, where at least 85 people were killed, possibly more, (the exact figures are in contention, it appears that some of the fatalities were not included because the victims were not French… – or at least this was implied in a documentary about the crash that appeared a few years ago.)
With footage of the crash that emerged years later it became possible to reconstruct the events showing that there was a potentially lethal bend in the course leading up to the stands.
Who would have thought racing around at high speed could be so dangerous.
“Who would have thought racing around at high speed could be so dangerous.” – tongue in cheek I suspect…
And then there is the internet fact that no data once on the net can be truly deleted. Add to that the Streisand Affect, and it is guaranteed to generate more views, UBoob take-downs notwithstanding!
I noticed the lie by NASCAR as well. However, I wonder if there could be charges filed against them due to the false copyright claim, and if so, if the the _actual_ copyright holder (the videographer with beer in hand) would even get standing? I.e. the videographer presumably lost no income since it was uploaded to a free site, so NASCAR could counter that no harm done. The crime is then a civil one (I guess, IANAL) so would need to be championed by the local DA, who won’t touch it since he’s in the same jurisdiction (and therefore presumably a racin fan and redneck)
Any DMCA claim has something like “I swear under penalty of perjury” that whatever you claim you own copyright on is indeed yours. There have been thousands of false DMCA claims since it became law. Guess how many perjury claims have been prosecuted. In practice, you can file DMCA claims on anything you want, without repercussions.