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Home > Viacom v. Knight

Viacom v. Knight [1]

Submitted by DMLP Staff on Fri, 08/29/2008 - 14:16

Summary

Threat Type: 

Correspondence

Date: 

08/29/2007

Status: 

Concluded

Disposition: 

Withdrawn

Location: 

California

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Copyright Infringement
Viacom Inc. alleged that independent filmmaker Christopher Knight infringed its copyright by posting a clip of a VH1 television program containing Knight's own video that VH1 had used without permission. YouTube removed Knight's clip at the request of ... read full description
Parties

Party Receiving Legal Threat: 

Christopher Knight

Type of Party: 

Large Organization
Media Company

Type of Party: 

Individual

Location of Party: 

  • New York

Location of Party: 

  • North Carolina

Legal Counsel: 

Pro se
Description

Viacom Inc. alleged that independent filmmaker Christopher Knight infringed its copyright by posting a clip of a VH1 television program containing Knight's own video that VH1 had used without permission. YouTube removed Knight's clip at the request of Viacom [2], the parent company of the VH1 network.

According to Knight's blog post about the events [3], he made his own series of video campaign commercials when he ran for a school board seat in Rockingham County, North Carolina in 2006. After Knight posted the commercials on YouTube, one that contained humorous Star Wars imagery [4] attracted the attention of producers at VH1. VH1 ran an episode of Web Junk 2.0 [5] called "Animals & Other Crap" making fun of Knight's commercial and showing parts of it. By Knight's account [3], VH1 never requested his permission to use the commercial. On July 11, 2007 Knight posted a clip [6] of this VH1 segment on YouTube.

On August 29, 2007, Knight received an email from YouTube informing him that it had removed his video of the VH1 segment in response to a DMCA takedown request [7] from Viacom alleging that Knight had infringed its copyright in Web Junk 2.0 [5] program content.

After consulting with Fred von Lohmann [8] of EFF on an informal basis, Knight submitted a counter notification [9] to YouTube, asserting that his video was a fair use of the VH1 program and claiming that Viacom had infringed his copyright in the original commercial. YouTube restored [10] the clip on September 11, 2007.

Related Links: 

  • The Knight Shift: Viacom hits me with copyright infringement for posting on YouTube a video that Viacom made by infringing on my own copyright! [3]
  • The Knight Shift: VIACOM SITUATION UPDATE: YouTube has restored my clip [10]
  • The Knight Shift: YOUTUBE/VIACOM AFTERMATH - Part 2: The DMCA Counter-Notification Claim [9]
  • YouTube: Christopher Knight for School Board TV Commercial #1 [4]
  • YouTube: Web Junk 2.0 on VH1 features my school board commercial! [6]
  • CNET News: This time Viacom is accused of violating copyright [11]
Details

Web Site(s) Involved: 

YouTube: Web Junk 2.0 on VH1 features my school board commercial! [6]

Content Type: 

  • Video

Publication Medium: 

Website

Subject Area: 

  • Copyright
  • DMCA
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • United States

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/viacom-v-knight

Links
[1] https://www.dmlp.org/threats/viacom-v-knight
[2] http://www.viacom.com/aboutviacom/Pages/default.aspx
[3] http://theknightshift.blogspot.com/2007/08/viacom-hits-me-with-copyright.html
[4] http://youtube.com/watch?v=nLi5B0Iefsk
[5] http://www.vh1.com/shows/dyn/webjunk_20/series.jhtml
[6] http://www.youtube.com/watch?v=ddyVQwpByug
[7] https://www.dmlp.org/legal-guide/notice-and-takedown
[8] http://www.eff.org/about/staff/fred-von-lohmann
[9] http://theknightshift.blogspot.com/2007/09/youtubeviacom-aftermath-part-2-dmca.html
[10] http://theknightshift.blogspot.com/2007/09/viacom-situation-update-youtube-has.html
[11] http://news.cnet.com/8301-10784_3-9769329-7.html