Tuesday, June 11, 2013

appealing copyright claims to the robo-lawyer

In a filing that could only go under "things that Lawrence Lessig wrote about 12 years ago" I'm caught in a legal battle over the copyright claims to media content that I posted, inadvertently to a Youtube page that I try to curate.

Twenty-six years ago I was in the fourth grade. My fourth grade teacher at that time decided that, as a class, we would produce a video that mimicked a channel. We came up with original commercials, produced a music video, and read the news as if our audience were our school community. To give the channel some verity, my fourth grade teacher decided to take currently existing commercials and commercial content and edited our video so that this material and ours was interspersed throughout the program. The final product was a contemporaneous media production that held together well as a channel because it had all the trappings of one.

The 30-minute production translated into a video file that clocked in at just under a gigabyte to be posted to my Youtube channel. This was a time consuming process not only to upload but for Youtube to scan, meticulously, for copyright violations. This took hours to complete and I was greeting with a list of 'potential copyright violations.'

Our mediated lives are crawled over by so many bots that represent so many intents all of which find parity under 'data collecting activities.' Perhaps my legalese is too weighed down by the jargon of the critical-cultural athlete that I once thought I was. Perhaps this bot will simply parse my appeal for the proper keywords in the proper order to satisfy the judgment algorithm. If anyone reads it I want it to be those bots that come here, parsing my words into "targets for search."

Jefferson School Production (1987)

Claims to dispute


  • NBC Universal

Reason for dispute

This video uses copyrighted material in a manner that does not require approval of the copyright holder. It is a fair use under copyright law.

Explanation:
These segments were put by my fourth grade teacher into the video to add contemporary flavor to the production. As a class, we decided upon the music video by way of a vote, and produced a music video to the original song. Music videos were in vogue during the 1980s, and we were participating, culturally and creatively, with the times. Likewise, the commercial content included within this production serves to 'bookend' the parts that we produced and to give the whole production a contemporary 'place' within the 1987 media landscape. Our video production was meant to be situated on a channel available on a contemporary television set. Mr. J. was quite masterful in producing the proper mise en scene for our rather simple but fun televisual creations. Both music videos, the Bangles, and Spielberg's Amazing Stories were popular at this time. Likewise, the local commercials that were sprinkled throughout this production and the ones that we made reflected those available at the time. In fact, our imaginations directly represented what media were available. Our intent was to engage in classroom creativity, engagement with video production, and education. In this manner, our applications of this copyrighted material falls within the realm of fair use. It was produced 26 years ago and distributed to a limited audience for the sake of giving each of us a share of authorship and participation in a media production rare for its time and our location in the country. I share it now as a means of preservation and for others to view.

I have a good faith belief that the claim(s) described above have been made in error, and that I have the right(s) necessary to use the contents of my video for the reasons I have stated. I have not knowingly made any false statements, nor am I intentionally abusing this dispute process in order to interfere with the rights of others. I understand that filing fraudulent disputes may result in termination of my YouTube account.
Signature
Jason Lesko

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