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A third party posted a newscast video from "Inside Edition"

 
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  • Answered by:Thomas Swartz
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Customer Question

A third party posted a newscast video from "Inside Edition" on youtube that makes my friend look bad. It comes up at the top of search results for his name.
How can he get it taken down. The third party has violated Inside Edition's copyright and my friend is willing to pay to get this video taken down.

 

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State/Country relating to question: Florida

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Submitted: 307 days and 14 hours ago.
Category: Intellectual Property Law
Value: $30
Status: CLOSED
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Expert:  Thomas Swartz replied307 days and 14 hours ago.

Hello JACUSTOMER,

It would be up to Inside Edition to take action against the third party to take down the video because of the copyright violation. So, it may be effective to make Inside Edition aware of the video so that they can take action. You can try: Contact Inside Edition.

You can also try contacting You Tube through their Legal Issues Page.

Your friend can also write to the third party (preferably through a local attorney) indicating that he has notified Inside Edition about the copyright infringement, and warning that if the video is not taken down he will consider commencing a defamation, violation of privacy, and right to publicity lawsuit.

Thomas

Customer replied307 days and 13 hours ago.

Hi - I should have mentioned that I was aware of those avenues. What we want to know is how to pressure Inside Edition to pressure Youtube. The 3rd party is Australia and he won't budge.

Thanks, Sheldon

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Expert:  Thomas Swartz replied307 days and 13 hours ago.

Well you really just have to point out the copyright infringement to them. In doing so, you might want to point out the Inside Edition that you consider their newscast itself defamatory against your friend, and that you might consider legal action against them. Defamation cases are very difficult to win, and I'm not sure you would have much of a case if the video just made your friend "look bad." Defamation has to be something that is factually false. But at least with the threat of action, it may get them to take action on the copyright issue of their video.

Thomas

Customer replied307 days and 11 hours ago.

Makes sense. My friend would like your direct contact info.

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Expert:  Thomas Swartz replied307 days and 10 hours ago.

I'm sorry but the expert agreement that the Just Answer forum requires of its experts prohibits us from contacting users or soliciting users of the site outside of this forum.

Thomas

Customer replied307 days and 10 hours ago.

Fair enough. Is there someone you would recommend?

Accepted Answer

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Expert:  Thomas Swartz replied307 days and 10 hours ago.

Given that your friend is in Florida, he would have to work with a local attorney in Florida. And I'm sorry, I would not know anyone there. Sorry I could not be of more help.

Thomas

Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 99.4 %
Accepts: 341
Answered: 8/15/2012

Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

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