I am writing in defense of my documentary, You don’t know Hitler, which was inappropriately taken down from YouTube because BR Enter Music, on behalf of Deutsche Nationalbibliothek, claimed that the “sound recording” rights to, “Soldatenlieder – Die Fahne hoch – Horst Wessel Lied – Version 11,” had not been approved for use in my video. Counter-Notification for You don’t know Hitler (2006): Unfortunately, YouTube’s ridiculous system limits the number of characters I can type here.”Īs noted at the end, this counterclaim is severely limited by YouTube, though Lambert offered this full and detailed explanation on his blog. I have composed a lengthy argumentġ) Explain why Nazi Propaganda is in the Public Domain, and Ģ) Why, even if it was not in the Public Domain, everything I have done in this film meets the four criteria commonly used to define Fair Use in U.S. “In my expert opinion, as a documentarian and a professor of film, with an MFA in my field, I am confident that my documentary should not have been removed. Here’s Lambert’s response to the copyright claim, and the start of the battle. Ironically, a battle over Nazi propaganda copyright on YouTube will only serve to intensify historical wounds. But this could be part of a long-running effort to simply censor Nazi propaganda, part of a German effort to move past a very dark period in its history. Whether the library, BR Enter, or others are seeking money for the use of the anthem is an ugly question. Or, the Deutsche Nationalbibliothek may choose to drop the matter entirely. If Lambert has the resources, he may decide to battle the copyright claim, and potentially generate considerable publicity in the process. All of this, despite the fact that the Deutsche Nationalbibliothek has disavowed any connection to the company. It’s sort of like going to driving school after getting busted for speeding, and Lambert passed the quiz with flying colors.īut that’s just the beginning: by contesting the takedown, YouTube has advised Lambert that he now faces potential legal action and penalties from BR Enter. For starters, Lambert was forced to go through ‘copyright school,’ which involves watching instructional videos on copyright law and answering questions about copyright. Lambert is now battling back against the claim, but getting straight-jacketed by YouTube’s policies. Here’s the strike notification, uploaded by Lambert. Yet, the film is still inaccessible, meaning a copyright claim (and strike) remain in effect. Even stranger, Deutsche Nationalbibliothek has now distanced itself from BR Enter Music, claiming the company doesn’t represent the library. Lambert says those works are now public domain, and completely permissible within his documentary.
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