Fox Television WFLD-TV v. Progress Illinois

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Correspondence

Date: 

11/18/2008

Status: 

Concluded

Location: 

Illinois

Disposition: 

Material Removed
Material Reinstated

Verdict or Settlement Amount: 

N/A
On November 18, 2008, Fox Television sent a letter to YouTube demanding the takedown of a video uploaded by Progress Illinois, an organization that "provides online news and commentary on issues important to Illinois working families and the progressive movement... read full description
Parties

Party Receiving Legal Threat: 

Progress Illinois LLC

Type of Party: 

Media Company

Type of Party: 

Organization

Location of Party: 

  • California

Location of Party: 

  • Illinois
Description

On November 18, 2008, Fox Television sent a letter to YouTube demanding the takedown of a video uploaded by Progress Illinois, an organization that "provides online news and commentary on issues important to Illinois working families and the progressive movement at large."  The video, Beavers On Back-Door Pay Raises, was embedded in a blog post that examined how some Cook County commissioners were using their expense accounts for personal gain and contained a 26-second clip from a FOX Chicago newscast that had aired a week earlier. 

Fox subsequently sent a second letter to YouTube claiming copyright infringement as to two additional videos, Axelrod: Obama Talked to Blagojevich about Senate Seat and Axelrod: "Our Job Is To Come In . . . With Guns Blazing",  that included 1-2 minute clips from an interview conducted with President-Elect Obama's adviser David Axelrod on Fox Chicago Sunday that Progress Illinois embedded in a blog post on its website, Axelrod Comments On Open Senate Seat, D.C. Leadership Vacuum.

On December 10, 2008, YouTube removed the two videos containing clips of the Axelrod interview and, later that day, suspended Progress Illinois YouTube channel "due to repeat copyright offenses."  

On January 5, 2009, Progress Illinois sent a counter-notification to YouTube pursuant to the Digital Millennium Copyright Act, requesting that the three videos be restored and its account reinstated. (Note: lawyer Ben Sheffner at the Copyrights & Campaigns blog comments on some potential deficiencies in Progress Illinois' counter-notification to YouTube.)

Update:

1/12/09 - Progress Illinois, through its counsel Paul Alan Levy at Public Citizen, has stated that it is considering filing a lawsuit against Fox unless it withdraws its copyright objections.

1/29/09 - Progress Illinois' YouTube account has been reinstated.

Details

Content Type: 

  • Video

Publication Medium: 

Website

Subject Area: 

  • Copyright
  • Elections and Politics
  • Fair Use
  • DMCA
Court Information & Documents

Jurisdiction: 

  • Illinois

Source of Law: 

  • United States

Relevant Documents: 

CMLP Information (Private)

Threat Source: 

User Feedback

CMLP Notes: 

from John Bracken