3rd Degree silent on copyright infringement claims

3rdDegreeOn the 27th of November, 3rd Degree screened a story about Gentiane Lupi, the kickboxing mum.  Bailey Palmer, a video editor from Wellington, noticed that there was some familiar looking footage used during the show, footage from a YouTube channel she operates.

A colleague of Bailey’s jumped on Twitter to get the details of who to send a copyright infringement notice to.

3rd Degree responded with the details they were after and then Bailey sent off her email.

Dear Phil,

My names Bailey Palmer, and I’m a video editor and post production manager in Wellington. I am writing to you regarding your story on this week’s episode of 3rd Degree about Gentiane Lupi, the kickboxing mum. I believe that there was around 10 seconds of footage aired within this piece (00:05:45 00:05:55 aprox) that breaches copyright.

The footage of Gentiane is taken from the MTI Wellington Youtube channel, owned and operated by myself. I am the rights holder of those videos and the pictures were used without my permission and is a clear breach of copyright. All of the promos for the shows that I have uploaded contain a copyright message, as well as my contact details, so it is extremely disappointing to have not been contacted regarding the use of it.

I would have been happy to sell the HD footage at a rate of $35 per second, and a “footage courtesy of Bailey Palmer” credit.

Below are the links to the videos, if you read the description you can find an email address contact.

Capital Punishment 22:

Deadly Debut 20:

Capital Punishment 21:

I would appreciate a response as soon as possible.

Regards,

Bailey Palmer

18 days later and Phil Vine hasn’t responded.

Mediaworks seem to take copyright infringement fairly seriously. I’ve seen them issue takedown notices on youtube content within the hour of allegedly infringing material being posted so it would seem that what is good for the goose is also good for the gander.

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About the author

Regan is one of the co-founders of Throng Media.
If they're on, I'm usually watching Game of Thrones, The Walking Dead, 24, Battlestar Galactica, The X Factor, Survivor, House of Cards, Mad Men and the NRL.
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  • Mediaworks issued a takedown notice on a video I put on youtube which I made, but contained their audio. It was 4 minutes of audio from a one hour show that also contained my own voice. It was put back up after I appealed and claimed Fair Use…but they issued another takedown notice.

    • Anon

      You infringed more than 20% of their work, I’m guessing, or weren’t using it for a news purpose.

      • Nope 4 minutes out of 1 hour show, and very much news purpose as well as satire. Petulance is probably the real reason.

  • K

    $35 per second? Do people really charge that?!

  • Anon

    You can take <20% for news-related purposes without infringing. 10 seconds is not infringing. This is a non-story.

  • Citizen Cane

    Both Bailey and Alastair know enough about production to be well in the right here.

  • Clint

    Didn’t Phil Vine used to work for ‘Fair Go’? Hmmmm …. surely he should know better! LOLZ …