F1 fans have gotten used to seeing video from Grand Prix weekends taken down from sites like Youtube as quickly as it is uploaded – even if the video was filmed by a fan using their own camera.
But now one F1 follower in Australia has successfully challenged FOM’s censorship of fan videos after his footage was taken down from Youtube.
Youtube removed my videos at FOM’s request without verifying whether FOM owns the copyright or intellectual property rights in them. I filed a counter notice stating that, until FOM or the AGPC requests that I assign the copyright and intellectual property rights of the videos to them and receives my consent, I own the videos and FOM has no authority to request their removal.
I also stated that FOM has acted in a bullying and unethical manner in using its corporate wealth and power to have my videos removed from Youtube when it has lo legal right to do so.
The Youtube copyright staff are polite and professional and answer email correspondence promptly. They told me that, once a counter notice refuting a case of content removal is received by them and forwarded to the complainant, they give the complainant 10 days to notify Youtube whether the complainant plans to take further legal action against the person who posted the contested content.
By the time I learned this fact, the 10 day period was almost over. A few days later, Youtube informed me that it had not heard back from FOM, and that it would reinstate my videos, which are now available.
Here’s an example of one of the videos:
This bloody-mindedness on FOM’s part has come up for discussion a few times in recent years, usually when a sharp-eyed spectator spotted something the TV cameras missed.
When Robert Kubica crashed at Montreal in 2007, reverse-angle footage from the spectator stands gave a greater impression of the scale of the accident than the television cameras did. (Read more here: Now FOM bans amateur video of Kubica crash)
More famously, later that year, a now-infamous spectator video shot at Fuji led the FIA to open a new investigation into Lewis Hamilton’s driving behind the safety car.
And at Melbourne this year – the very race where Fitzroyalty captured their film – a fan caught footage of Jarno Trulli going off the track and being overtaking by Hamilton under the safety car, which proved the trigger for another controversy.
Any F1 fans in Australia who’ve had Formula 1 video they’ve shot taken down from Youtube should read this post by Fitzroyalty.
And if you’ve had any success uploading F1 videos of your own to Youtube, tell us about it below.