TheStreet.com claims copyright infringement. YouTube agrees. Do you?

[FRED]

You may have noticed that the iTulip video "Housing Market Revisionist" that shows TheStreet.com's James Cramer switching his position on housing is no longer available on YouTube.

TheSteet.com claimed copyright infringement and YouTube removed it. Here is our position.

To: DMCA Complaints
From: Eric Janszen, President iTulip, Inc.
Subject: Video Removed: Copyright Infringement
Date: August 16, 2007

To Whom it May Concern,

I am writing as the legal representative of the YouTube user itulipdotcom, the recipient of this notice.

We were notified by YouTube that the following itulipdotcom video has been removed by reason of Copyright Infringement.

TheStreet.com's James Cramer housing market revisionist: http://www.youtube.com/watch?v=Wk44peDjLjU

It is our view that the video is covered under the fair use doctrine of United States copyright law:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (the video is available for free)
2. the nature of the copyrighted work; (appears elsewhere on youtube)
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (less than 50% of the original clip)
4. the effect of the use upon the potential market for or value of the copyrighted work. (the non itulip commented version of the clip is available elsewhere for free on youtube)

We assert that TheStreet.com wants this video removed because it is critical of TheStreet.com show host James Cramer, the subject of the piece. One of the main tenets of the fair use doctrine is to permit the use of copyrighted material for the purpose criticism, comment, and news.

We respectfully request that the video be replaced as soon as possible.

Sincerely,

Eric Janszen
Founder & President
iTulip, Inc.
www.itulip.com
eric@itulip.com

Please go to the poll and watch the iTulip hosted version of the video and vote. We'd appreciation your opinion.

We are especially interested in the opinion of the lawyers among our members.

If you'd like to tell YouTube how you feel, send an email to copyright@youtube.com.

Thank you.