Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Fox Television WFLD-TV v. Progress Illinois

Fox Television WFLD-TV v. Progress Illinois [1]

Submitted by DMLP Staff on Tue, 01/06/2009 - 14:42

Summary

Threat Type: 

Correspondence

Date: 

11/18/2008

Status: 

Concluded

Disposition: 

Material Removed
Material Reinstated

Location: 

Illinois

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Copyright Infringement
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 [2], 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 [3], was embedded in a blog post [4] 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 [5] and Axelrod: "Our Job Is To Come In . . . With Guns Blazing" [6],  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 [7].

On December 10, 2008, YouTube removed the two videos containing clips of the Axelrod interview and, later that day, suspended Progress Illinois YouTube channel [8] "due to repeat copyright offenses."  

On January 5, 2009, Progress Illinois sent a counter-notification [9] to YouTube pursuant to the Digital Millennium Copyright Act [10], requesting that the three videos be restored and its account reinstated. (Note: lawyer Ben Sheffner at the Copyrights & Campaigns blog [11] 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 [12] that it is considering filing a lawsuit against Fox unless it withdraws its copyright objections.

1/29/09 - Progress Illinois' YouTube account [8] has been reinstated.

Related Links: 

  • Progress Illinois: FOX Chicago Shuts Down Our YouTube Channel [13]
  • EFF: Fox News Censors Political Expression [14]
  • Copyrights & Campaigns: Fox Chicago O&O sends takedowns to YouTube over liberal web site's videos; were its uses fair? [11]
  • Copyrights & Campaigns: Progress Illinois threatens suit over WFLD YouTube takedowns [15]
  • CMLP Blog: Fox Television Forces Shutdown of Progress Illinois' YouTube Channel [16]
  • Copyrights & Campaigns: WFLD v. Progress Illinois - Fox declines to sue in face of fair use claim; YouTube restores videos [17]
  • Public Citizen: Fox News Backs Away from Copyright Claim Against ProgressIllinois.com -- For Now [18]
Details

Web Site(s) Involved: 

YouTube [8]

ProgressIllinois.com [2]

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: 

PDF icon 2009-01-05-Progress Illinois Counter Notification.pdf [19]
CMLP Information (Private)

Threat Source: 

User Feedback

CMLP Notes: 

from John Bracken

DMLP Logo


Source URL (modified on 08/20/2014 - 11:08pm): https://www.dmlp.org/threats/fox-television-wfld-tv-v-progress-illinois

Links
[1] https://www.dmlp.org/threats/fox-television-wfld-tv-v-progress-illinois
[2] http://progressillinois.com/
[3] http://www.youtube.com/watch?v=cHVDFZDHCq8
[4] http://progressillinois.com/2008/11/18/pulling-cook-co-perks
[5] http://www.youtube.com/watch?v=konL35ur0Bo
[6] http://www.youtube.com/watch?v=fSBB7I_5iHQ
[7] http://progressillinois.com/2008/11/23/axelrod-on-fcs
[8] http://www.youtube.com/progressillinois
[9] https://www.dmlp.org/sites/citmedialaw.org/files/2009-01-05-Progress%20Illinois%20Counter%20Notification.pdf
[10] https://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content
[11] http://copyrightsandcampaigns.blogspot.com/2009/01/fox-chicago-o-sends-takedowns-to.html
[12] http://www.citizen.org/pressroom/release.cfm?ID=2796
[13] http://progressillinois.com/2009/1/5/fox-chicago-shuts-down-youtube
[14] http://www.eff.org/deeplinks/2009/01/fox-news-censors-political-expression
[15] http://copyrightsandcampaigns.blogspot.com/2009/01/progress-illinois-threatens-suit-over.html
[16] https://www.dmlp.org/blog/2009/fox-television-forces-shutdown-progress-illinois-youtube-channel
[17] http://copyrightsandcampaigns.blogspot.com/2009/01/wfld-v-progress-illinois-fox-declines.html
[18] http://pubcit.typepad.com/clpblog/2009/01/fox-news-backs-away-from-copyright-claim-for-now.html
[19] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-01-05-Progress%20Illinois%20Counter%20Notification.pdf