Video-sharing site
YouTube
has declined to give special treatment to Republican presidential candidate John
McCain over Digital Millennium Copyright Act (DMCA) infringement claims.
In an exchange of letters, YouTube and McCain's campaign staff engaged in a
debate over the controversial law, which requires web sites to take down content
which contains copyrighted material at the request of the copyright holder.
McCain voted to approve the DMCA in 1998.
The issue surrounds campaign videos produced by McCain which contained clips
from broadcasts by Fox News. The network contended that McCain was illegally
using its copyrighted broadcasts in the advertisements and filed a DMCA claim to
have the clips removed from the internet.
McCain's campaign sent a letter to YouTube asking the site to allow the clips
to remain online while it was determined whether the videos constituted fair
use, a series of protections which allows individuals to use copyrighted clips
under certain circumstances.
Earlier this year,
US
courts decided that copyright holders had the responsibility to consider
fair use before filing a DMCA takedown claim.
The campaign contended that, because the clips were brief and non-commercial
in nature, they fell under the protection of fair use and as such should not be
removed.
The letter also suggested that the site extend special protections to
political campaigns which would allow for a more thorough review before clips
could be removed due to a DMCA claim.
YouTube countered in a letter contending that, if the site complied with the
campaign's request, it could lose the DMCA protections which shield sites from
lawsuits.
YouTube also said that, given the amount of video uploads it receives on a
regular basis, it could not make special concessions to isolate and protect
campaign videos.
"The fact remains that we do not know who uploaded what content in user
videos, who uploaded the videos or what authorisation the uploader may or may
not have to use that content," read the letter.
"Moreover, while we agree with you that the US presidential election-related
content is invaluable and worthy of the highest level of protection, there is a
lot of other content on our global site that our users find to be equally
important, including political campaigns from around the world at all levels of
government, human rights movements and other important voices."
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