I need some legal advice. I also need some guidance.
Per Randy Neal’s request to me to not link Copyrighted material from YouTube on KnoxViews I requested via email permission from Community Television of Knoxville (CTV) to continue to provide Knox County Commission meetings on YouTube as I have done for several months now.
I received a reply email from David Vogel, the General Manager of CTV. It read, “Please remove all segments of the Knox County Commission Meetings that you have uploaded to YouTube, until proper copyright clearance has been obtained.”
I replied back that I did not recognize the alleged Copyright per the fair use doctrine of Copyright law. I ask what I had to do to receive permission from CTV to continue to post the County Commission meetings on YouTube. I also requested that CTV provide the service I have been providing for several months. I explained I did not want to provide this service as it was very time consuming and I hoped that CTV would decide to take this off my hands.
Today I received from Mr. Vogel an email stating, “As a non-profit corporation, CTV has the same rights under the copyright laws as any other company. CTV owns the copyright to any program produced by its employees. As the copyright owner, CTV maintains its right to exercise all privileges of copyright, which includes the right to exclude others from making and publishing copies of its programs and the right to exclude others from making derivative works using its programs. If someone edits or changes a CTV program, this constitutes a “derivative work.”
As a matter of policy or choice, CTV will allow others to publish copies of our programs under certain conditions. In order to make and publish unedited and completely unchanged copies of our programs, a Permission Request must first be submitted in writing, along with a copy of your personal identification (eg. driver’s license or passport). As a general rule, we do NOT grant permission to publish edited or changed versions of our programs (derivative works).”
I replied to Mr. Vogel that the Knox County Schools already has an Internet Archive of school board meetings and asked him if there was a way for CTV to do the same with Knox County Commission meetings. Mr. Vogel responded and said there were exploring this with the same firm that does the Knox County School Board meetings. He explained there was no time table as yet.
That is the background so let me explain my problem. CTV does not “produce” Knox County Commission meetings. They “film” the meetings. Today’s meeting may be historic on both the Storm Water issue and the Metro Government issue.
What should I do? I understand Mr. Vogel’s position and I don’t know the fine details of Copyright Law or what the right thing to do is. I feel that the idea of Copyrighting a public meetings is ludicrous. I see this as a violation of my First Amendment rights. But I may incur legal action if I continue. How can anyone Copyright a Knox County Commission meeting?
If you were in my shoes, what would you do?