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You are here: Experts > Arts/Humanities > Political Science > 1st Amendment and Free Speech > Rights toward free speech on video sharing sites
Expert: Ed Buckner
Date: 3/14/2008
Subject: Rights toward free speech on video sharing sites
Question
I have been a member of an online video sharing site for well over 2 years. I decided to make a video discussing how much I disproved of another user's content. Prior to this, I had made no waves and received no reprimands from the site on anything. I was well known among the community and had over a thousand subscribers to my content.
I received an email saying that one of my videos was taken down because the original owner filed for infringement of copyright and "privacy" rights.
I did not use any of this user's content, (the entire video was nothing but my voice and a black screen) nor did I talk about his personal life, his family, where he lived or anything like this. Everything I said was well within the supposed "Terms of Use" and DEFINITELY within the copyright policy of the DMCA.
My question is, isn't this an obstruction of my free speech given that the claims made against my video were entirely false? And can the site be held responsible for this?
I have filed counter-notification to have the video be re-approved, but can't the site be held responsible for damages given that I did not violate anything?
Answer
Dear Eric,
I'm not sure who'd really be an expert on this--not me, alas. I suppose an attorney who specializes in communication and media might help.
My best guess is that you've done the best you can with the counter-notification complaint and that damages would be quite difficult to prove or establish the correct amount for, though a knowledgeable attorney might advise otherwise.
Good luck and regards,
Ed B.
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