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Facebook and Twitter Remove Manipulated Video From Trump's Accounts After DMCA Complaint (theverge.com) 202

An anonymous reader quotes a report from The Verge: Facebook has removed a manipulated video posted on President Trump's account after receiving a copyright complaint from the rights owners. The manipulated video shows a black toddler running away from a white toddler, with a CNN chyron reading "terrified toddler runs from racist baby." The original video, which went viral last year, sees the total opposite, with the two toddlers running toward each other on the sidewalk so they can hug.

Facebook took the video down after "one of the children's parents lodged a copyright claim," according to CNN. A Facebook representative confirmed to The Verge that a complaint was received by the rights holder. It had more than four million views by the time Facebook removed it, according to CNN. Jukin Media, a third-party company that often acquires the rights from people to viral videos, told CNN that "neither the video owner nor Jukin Media gave the President permission to post the video, and after our review, we believe that his unauthorized usage of the content is a clear example of copyright infringement without valid fair use or other defense."

Jukin Media has also filed a copyright claim complaint to Twitter, according to a statement posted on the company's account. While Twitter labeled the video as "manipulated media," it was still active on the President's account until Friday evening.
Twitter has since taken down the video due to the DMCA notice from Jukin Media. "Per our copyright policy, we respond to valid copyright complaints sent to us by a copyright owner or their authorized representatives," a Twitter spokesperson told The Verge.
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Facebook and Twitter Remove Manipulated Video From Trump's Accounts After DMCA Complaint

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  • Fair use? (Score:5, Informative)

    by tbird20d ( 600059 ) on Friday June 19, 2020 @06:33PM (#60204090)
    "Fair use" allows the use of creative works in many circumstances, even over the objections of the copyright holder. The video seems like it was posted as a joke. While parody clearly falls under "fair use", I'm not sure if this would qualify or not. Any lawyers here who can chime in? (I'm not defending the use of the video, just curious what the legal issues are.)
    • Re: (Score:3, Interesting)

      by Tablizer ( 95088 )

      Both parody and political commentary are often "fair use". T has the money to fight such in courts, but most regular folks subject to dodgy copyright claim take-downs don't.

      • Re: (Score:2, Insightful)

        by tbird20d ( 600059 )
        Good point. T also has other tools at his disposal to fight dodgy copyright claim take-downs, that most regular folk don't. It's not surprising that CNN would fail to mention a "fair use" angle, given that they appear to the be the target of the post. I'm not sure how strong the legal case is for taking this down, but I don't think it's a slam dunk. I'm kind of surprised that Facebook and Twitter would feed the narrative that conservative voices are picked on on their platforms.
      • It would be a thing of beauty if Trump crushed Juukin Media. Sadly I think this is the 2nd or 3rd time someone's pulled this on one of his meme tweets and he seems to have done fuck-all about it thus far.

      • by taustin ( 171655 )

        He could fight it, and possibly win, but he gains more for his reelection campaign by not doing so, and that's the whole point. A sarcastic video that points out how insane and stupid the left is, followed by the left providing irrefutable examples.

    • Re: (Score:3, Insightful)

      by Jahoda ( 2715225 )
      The video seems like it was posted as a joke

      HAHAHAHAHAHA Oh MAN I am just in stitches. What a joker that president is! So funny and creative! Just the right wing memeing its way to excellence! How our nation yearns for such classics as "racist baby" here at this point in time. Liberals are so stupid just not getting such funny jokes from the president's fucking twitter account.
      • Re:Fair use? (Score:5, Insightful)

        by tbird20d ( 600059 ) on Friday June 19, 2020 @07:07PM (#60204228)
        I don't think liberals are stupid, but I think a lot of them don't understand why Trump operates as he does. Is his level of indirection here too hard to follow? The message behind the manipulated video is that CNN is so warped they would take a perfectly innocuous, and even uplifting video, and twist it to accuse Trump of racism. The calls of racism based on the video are already happening. A lot of the reason Trump got to be president was because he acted trollishly throughout the campaign, and the media couldn't resist covering him. His ability to get media attention is unprecedented. The coverage is mostly negative, but he can convince his base that it's all unwarranted, and that a vote for him is a vote against the corrupt establishment. If I don't want to hear about Trump every single day until the 2020 election is over, I'd have to go live in a cave. Do you think that's an accident?
        • The calls of racism based on the video are already happening.

          From whom? The non-base see the video as obvious satire, while the base never see racism in anything (other than reverse-racism).

          a vote for him is a vote against the corrupt establishment.

          It's interesting that a vote for the incumbent is cast as a vote against the establishment. Tinges of Orwell.

          • Yes, tinges of Orwell [time.com], indeed.

            "What you’re seeing and what you’re reading is not what’s happening," Trump said.

            For some, the quote immediately recalled a line from Orwell’s dystopian novel 1984: "The party told you to reject the evidence of your eyes and ears. It was their final, most essential command."

            Yes, just, anything you see and read is false. The entire media is out to get him.

            FSM; get a grip.

          • There is no such thing as a "reverse-racist"; prejudice and racism are games that people of all races play and in which everyone loses.
          • It's interesting that a vote for the incumbent is cast as a vote against the establishment. Tinges of Orwell.

            You're making the mistake of assuming that the incumbent president is the establishment. This is demonstrably not so. There are far more congress critters, senators, lobbyists, and other miriad parasites than there are presidents. And the majority of them have made it quite clear that they despise him. Even many member of his own party barely tolerate him. So yeah, a vote for him is absolutely a vote against the establishment.

        • Re:Fair use? (Score:4, Interesting)

          by belthize ( 990217 ) on Friday June 19, 2020 @10:30PM (#60204714)

          Except CNN specifically did not do that, when the picture was news they focused on the two children running together.

          So possibly you meant to say that" the messages behind the manipulated video is that Trump is so warped he would take a perfectly innocuous, and even uplifting video, and twist it to accuse CNN of bias.

          Since I believe the rather simple facts of the matter align more with that interpretation (ie it was Trump who posted a doctor video not CNN) than yours.

          I don't give a fuck why he operates the way he does, he's supposed to be the president of the god damn United States, not self aggrandizing turd thrower but apparently he has succeeded in making his particular brand of insanity appear normal, so much so that others are now at fault for not 'rolling with it'. Yeah pass.

      • by Cederic ( 9623 )

        Liberals are so stupid just not getting such funny jokes

        They're stupid if they don't realise it's satire, whether they find it funny or not.

        Should we include you in that group?

      • Yup, we should definitely police the internet and only allow *funny* jokes.

        Great idea.

    • Re:Fair use? (Score:5, Informative)

      by narcc ( 412956 ) on Friday June 19, 2020 @06:47PM (#60204148) Journal

      I don't think it works that way. Just because something is used in a parody, doesn't mean you get fair use protection.

      If we accept that this is actually a parody, and not just a fake video, the it is a parody of a CNN broadcast. Their use of the chyron style and CNN logo would fall under fair use.

      Had they added copyrighted music, that wouldn't fall under fair use. It's the 'scary movie' series still needs to license music used in their parody films.

      The video, like the music, is protected by copyright and does not fall under fair use as they're not making a parody of the video, they're making a parody of a CNN broadcast.

      Fair use is complicated, but not in this case.

      • by raymorris ( 2726007 ) on Friday June 19, 2020 @07:02PM (#60204208) Journal

        Parody is poking fun at a specific thing. In order to make fun of the thing, you have to imitate it. Therefore parody is a defense against copyright and trademark claims *by CNN*. That's because it would be impossible to parody CNN without imitating CNN.

        To parody CNN it is NOT necessary to use this particular video that is unrelated to CNN. If the video of the kids were somehow tied to CNN maybe you could make a case. (For example if CNN repeatedly featured the video, gushing over it, and that's how the video became popular).

        As far as I know, the original video is not associated with CNN, so parody of CNN is no excuse for copying it without permission. Whoever made the parody of CNN could made their own video of two kids, or bought rights to one for a couple hundred bucks.

        So then someone says "we're doing a parody of the broader social blah blah videos of kids and cats". Poking fun of broad social trends is satire, not parody. You can't steal someone's work for satire. You have to make your own video of kids if you want to make fun of "videos of kids".

        • It seems to be an attempt to parody the original video, not CNN (did they put a CNN banner on the parody version or something? I haven't been able to find it so am going off of written descriptions).

          But that said, the babies in the original are generic enough (nothing to distinguish them from other babies) that you could've hired any two babies and made your own parody video. No need to digitally manipulate the original. I'm inclined to side with not fair use for that reason. One of the metrics used for
          • > did they put a CNN banner on the parody version or something?

            Yes. The point of rhe video is that CNN will claim ANYTHING is racist.

        • by Dunbal ( 464142 ) *
          This was not parody it was satire. There is a difference, although satire is still protected speech (even more so than parody - otherwise we will effectively outlaw criticizing anyone who has power over us).
          • > This was not parody it was satire. There is a difference

            There is indeed a difference. Parody is when you are making fun of the specific thing you are copying. In this case, they are making fun of CNN with a copy of CNN's chyron.

            > although satire is still protected speech (even more so than parody

            Satire is NOT protected from copyright and trademark claims, simply because you can satirize without copying another person's work. Parody *requires* copying the other person's work in order to make fun o

      • by Dunbal ( 464142 ) *
        Er... yes. Yes it does. Besides this is not parody it is satire. Learn the difference. Satire is SUPPOSED to offend the party being satirized. In satire the irony is militant.
        • If you're going to tell people "learn the difference", perhaps you should.

          Parody is when you mock something by making a ridiculous imitation of the thing you are mocking. See all of Weird Al Yankovich's songs for good examples.

          Here, they use the CNN logo and chryron to imitate a CNN broadcast in order to mock CNN. It is a parody of CNN.

          Satire comments on the state of the world generally, NOT commenting on the thing being imitated.

          Because it's a parody, they are protected from claims about the copyright and

    • IANAL but IIRC "Fair Use" is a defense against copyright infringement - it only really comes into play *after* you're sued, and you admit to the "crime", but claim Fair Use. So the president could still claim fair use, but he'd have to do it in court, convince a judge, and risk losing.

      Also IIRC using the work for commercial gain (in this case, the 2020 presidency) counts against fair use, so perhaps the copyright holder could argue commercial gain, and try to convince the judge of it. The defendant would

    • Parody use has to be clear. In this case, many T supporters very likely believe it's a legitimate video, which would mean it doesn't qualify. The way he used it to hurt CNN could be seen as libel potentially too.
      • Parody use has to be clear. In this case, many T supporters very likely believe it's a legitimate video, which would mean it doesn't qualify

        That's a ridiculous argument. There are millions of people who take articles from The Onion at face value. According to you, the onion therefore doesn't qualify as parody/satire.

        • The argument is indeed ridiculous, but we should also remember that in most cases we usually have a context attached to something that tells us that it's parody/satire.

          The Onion Onion only do parody och satire articles, so it should be obvious to anyone - but if there are millions of people who take their articles at face value humanity is doomed.

          • but if there are millions of people who take their articles at face value humanity is doomed.

            It isn't as bad as it seems. I was spitablling, but let's assume that "millions" means 3 million. Out of a total internet connected population of 4.6 billion, that's a mere 0.6%

            I suspect that the actual percentage of people who would mistake onion articles for truth is far higher, while their readership is far lower. Still, it nicely demonstrates how large numbers can be misleading without context. A good lesson for anyone discussing statistics.

    • Re:Fair use? (Score:5, Insightful)

      by DRJlaw ( 946416 ) on Friday June 19, 2020 @07:26PM (#60204272)

      "Fair use" allows the use of creative works in many circumstances, even over the objections of the copyright holder. The video seems like it was posted as a joke. While parody clearly falls under "fair use", I'm not sure if this would qualify or not. Any lawyers here who can chime in? (I'm not defending the use of the video, just curious what the legal issues are.)

      Parody [merriam-webster.com] requires that you imitate the work of the original author to absurd effect. Here, the original author is not CNN, and the original work is simply a video of the two children hugging. It's a poor fit.

      Satire [merriam-webster.com] is what you're going for, but satire is generally not fair use [copyrightalliance.org].

      I don't know why you people are harping on fair use to prevent a DMCA takedown. It's a hollow claim [eff.org] that can't prevent the takedown and as a practical matter can't be used to punish the DMCA claimant. So good luck with that.

      • Great answer. Thanks very much!
    • by dissy ( 172727 )

      Strictly speaking, making a fair use occurs after, and only after, a judge rules the one specific instance as a fair use.

      That said, the judge will rule based on the Four Factor test. Depending on the situation, it may or may not be clear how a judge will rule.
      But make no mistake, even if it qualifies plain as day under the four factor test, it is still not a fair use until after a judge says so.

      So it isn't a fair use now, but if taken to court, here are the factors a judge will use:

      1) the purpose and chara

    • by Dunbal ( 464142 ) *
      Satire is protected speech. And the post was clearly satire. I hope this is an elaborate fair use trap to get twitter and facebook to walk blindly into, so that the hammer can be dropped on them afterwards.
    • Re:Fair use? (Score:4, Interesting)

      by eclectro ( 227083 ) on Friday June 19, 2020 @10:45PM (#60204760)

      Not a lawyer, but have been watching copyright for a long time, and is often discussed since the beginning of Slashdot really.

      When possible, the Supreme has given wide latitude (usually) to the notion of fair use. Also note SCOTUS has consistently protected free speech rights.

      The questions that will be asked is that is the copyright holder been deprived of any income from the use? I think not because it's a grainy small video used that otherwise would be unknown to everyone. Also the clip has been molded into a news parody announcement from CNN. Couple that with that it is political speech in normal times it would be political speech and a likely slam dunk for the case for fair use.

      I say in normal times, because this week we saw a couple of decisions from the Robert's SCOTUS that seems to play more to the crowd outside and not conservative logic. In that light it's entirely possible that the court finds a way to squash the President's video.

      My thoughts on this is Trump will just let go of it at this point. But if the media spends two weeks and blows it up into how Trump is a copyright lawbreaker then he would take it on. Then suddenly everyone gets a lesson about copyright.

      This would not necessarily.be a bad thing(TM). I clap with glee at this prospect because we might would see real copyright reform. Trump is exactly the type of person who would pull us out of onerous term lengthening copyright treaties if he felt the process is slanted wrong. Not to mention the DMCA would be put under a microscope.

      This is another thing people should put in their calculations about Trump. Rather than universally dismiss everything about him, ask the question about Biden. Would Biden post a funny clip with two toddlers to Twitter? Would Biden sign into law on some Friday night DMCA 3.0 that can be used against creators of dumb funny memes that would send them to jail, under the guise of protecting copyright but really to silence an opponent?? In a fashion like what happened to Dmitry Skylarov??

      I know that's been a top priority for me is free speech. Along with many other early Slashdotters. People need to ask themselves if those groups marching around truly believe in free speech. I think not with the amount of "cancellations" we have going on now. Not to mention everything being demolished in order to "not offend."

  • Messed up (Score:2, Interesting)

    by lorinc ( 2470890 )

    As seen from the EU, your country looks much messed up by the division into countless groups that hate each other so much. It's never going to work.

    Trump supporters are so deep into the failure that is his politics that they cannot admit their mistake. They have to keep doubling down at an increasingly absurd cost (like their job, their health, their education). And on the other side, it's a big game of being more catholic than the pope. Everything is now racist and is the pretext for virtue signaling (like

    • Please don't ever export that shit to Europe, we don't need that.

      We got it from Europe. Thanks for that.

      • Re:Messed up (Score:4, Interesting)

        by serviscope_minor ( 664417 ) on Saturday June 20, 2020 @04:35AM (#60205168) Journal

        We got it from Europe. Thanks for that.

        You did indeed, or rather Europe sent it all over to you. It all stems form the puritans and their mindset.

        The puritan mindset is that there is Right and Wrong. Sin is Wrong and if you Sin you are going to hell. Mass murder is on the same footing as as stealing to feed your hungry family, it's a sin so you're going to hell to be tortured for eternity. The mindset removes ALL shades of grey, though interestingly it has a different manifestation on the crazy right and loony left.

        On the crazy right, it's the party that's RIGHT. If you disagree with the party it's a sin and you'll burn in hell. This is why to the crazy right Trump and the party can do no wrong no matter how awful they are and how much they swing around.

        On the loony left it's the idea that's RIGHT. If you disagree with the idea it's a sin and you'll burn in hell. This is why the loony left attack each other when they aren't using the "correct" minute variation of whatever the current idea is.

        This is why "RINO" is a term (you need to exclude someone from the party before attacking them because the party is RIGHT) but "DINO" isn't because it's fine to tear into people in the same party with subtly different views because according to Northern Conservative Baptist Great Lakes Region Council of 1912, the council of 1879 are heretics.

        To prove my point, I'm very likely to get down modded by some people on the crazy right because I have sinned, gonna burn in hell and blasphemy must be suppressed (I don't agree with the party). Whereas the loony left don't mind this particular sort of thing (the looniest lefties I knew thought the People's Front of Judea was hilarious; self awareness or lack of it, you decide).

    • I absolutely don't disagree with you that America has it's dysfunctions but maybe look to your own backyard for your own as well. Every time something vaguely controversial happens in France you have throngs of people hitting the streets as if only they can stave off the end of civilization. What the people in France will protest over (and cause massive economic disruptions over) most other countries take in stride as the democratic process.

      Shit, France recently had massive protests allot like what the US i

  • For you humorless jerks who don't know when you're being trolled, I have this advice. The video was a satire to show how outlets like CNN can twist and creatively edit a video to mean something completely different. Note that at the end of the video, this fact was revealed. This isn't a matter of anyone trying to pass it off as genuine and then claiming it was a joke. It's made crytstal clear right there in the video that it's a joke! If you're too thick to figure this out on your own or are so gullibl

    • "humorless jerks"

      That's the same lame excuse used by the racist/misogynist guy who tells an offensive joke in front of a minority person and then attempts to justify it by saying "you're too sensitive, can't you take a joke?" That crap doesn't work any more.

      Oh wait, you are that guy! I knew I smelled something rotten when I read your post...

  • Comment removed (Score:4, Informative)

    by account_deleted ( 4530225 ) on Saturday June 20, 2020 @06:49AM (#60205296)
    Comment removed based on user account deletion
  • That his video also violates copyrights must have been part of the plan as it obviously gets him another free ride on the media's merry-go-round.

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