Daily Finance’s Jeff Bercovici writes about Mediaite and its video useage…
And while Mediaite is sometimes scrupulous about observing the principles of fair use — keeping the video clips it uploads short; using them to make an original point rather than simply rehashing them — often it is not. For instance, here’s a seven-minute clip of a CNN interview with Hugh Hefner that the site posted, in a single, unedited chunk, with minimal commentary of its own. When I asked a CNN spokeswoman whether the network regarded that sort of thing as fair use of its content, she replied, “It does not appear to be authorized,” explaining, “We make our content available for third-party use via embeddable player or under license.” (Mediaite sometimes uses the embeddable clips supplied by CNN and other news providers.)
Likewise, when I asked an ESPN spokesmen about a five-minute clip of Pardon the Interruption that appeared on Mediaite’s sister site, SportsGrid, he replied, “The example you shared is a violation.” And when I asked MSNBC president Phil Griffin about Mediaite’s use of his network’s clips, he said, “I don’t like it and am taking it to our legal folks.” (That was several weeks ago; Griffin did not respond to follow-up inquiries.)
This is nothing new and not very surprising. The battle over internet content usage, particularly in the video arena, has been going on for a while now without a clear legally binding test case that settles the issue once and for all. Personally I think both sides, the content providers and the websites, are scared to death of pushing things legally to that point out of fear that they could open the gates wide open in the other guys’ favor if they should lose. So instead we get lots of huffing and puffing and chest thumping and small skirmishes with tiny battles won and lost but nothing is permanently settled.
What is surprising however is Mediaite’s response to Bercovici…
I emailed Hall and Abrams seeking elaboration on that claim — in particular, which networks support Mediaite’s practices and which don’t, and whether the site licenses any of the content it hosts. Hall replied defensively, declining to address any of my questions. “Singling us out feels like another in a long line of repeated efforts rooted in some sort of vengeful disdain or general disapproval of Mediaite and Dan,” he wrote. “Honestly, I’ve very little interest in assisting in this ongoing game.”
“defensively”? That goes way beyond defensive. That’s bunker mentality.
Update: WebNewser’s Alex Weprin chimes in…
To give another example, earlier this year, minutes after the series finale of “Lost,” Mediaite posted the last 10 minutes of the episode, with no actual analysis. This was well before viewers on the West Coast had seen even the first few minutes.
The Mediaite clip has since been replaced by a clip from Hulu.com, in which Disney-ABC is a partner.
Fox News, strangely, tells Bercovici they don’t have a problem with it. This was the same Fox News that shut down the News1News YouTube channel for doing exactly what Mediaite (and other sites like Johnny Dollar) are doing.
For me personally, I would love to not use YouTube. But ICN’s problem is WordPress.com and the fact that the site blocks useage of embeddable clips from most of the major media sites because of security concerns…issues which YouTube doesn’t have. Though don’t ask me why YouTube is different…