F1 fan beats FOM over right to upload video from Grand Prix weekends

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.

Blogger Fitzroyalty explains:

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.

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30 comments on F1 fan beats FOM over right to upload video from Grand Prix weekends

  1. zerogee said on 28th April 2009, 13:32

    Ha! I used to fix this guy’s computers! Awesome!

  2. Bowks said on 28th April 2009, 23:01

    I don’t see why we should be paying extra for what is free-to-air Formula 1. TV companies around the world pay their fees to Bernie and then broadcast it to our homes.
    Record it. Swap it. Got any space on this site for a swap service?
    Are FOM going to take all the fans to court for swapping their videos to get more money? Don’t think so. They don’t need more money. There is surely enough money to keep 20 teams racing per season if needed and that is what it is all about. The live action is the money spinner and it should never go to pay-per-view as the business model doesn’t allow it. Imagine if you paid a multi million dollar sponsorship deal to a team to then find out that not the entire world is watching?
    Now, if there were a page I could go to and contact fellow fans to get a copy of a race that I missed…..

  3. DieBernieDIE said on 29th April 2009, 3:00

    Ecclestone is a useless twat.

  4. theRoswellite said on 29th April 2009, 16:19

    Copyright rules obviously protect numerous parties associated with the creation of any “work”, but anyone at FOM that thinks clips posted on UTube do anything but provide “free” general F1 promotion, needs to question their own objectivity. In this case their position seems to be alienating F1 fans. Is that their promotional goal?

  5. benno said on 30th April 2009, 3:36

    Good article here from Wired. Among other things explains the reasons why ‘youtube’ et all take down things without even a sanity check, given a takedown notice.

    http://www.wired.com/threatlevel/2008/10/ten-years-later/#previouspost

  6. anirudh said on 30th April 2009, 10:41

    Whooohoo….. The saviour has come… we are saved!!!

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