WCTV got Tim Golden’s campaign on record admitting it used a LAKE video without attribution. Golden’s spokesperson claimed (erroneously) that they didn’t need to cite the source. As you can see below, that’s not what the license says.

Greg Gullberg wrote for WCTV last night, Valdosta Man Takes Legal Action Against GA Senator Over Use Of Video,

A videographer in Valdosta is taking legal action against Georgia District 8 State Senator Tim Golden.

John Quarterman says video he shot was used in an “Attack Ad” against Senate candidate Bikram Mohanty without his permission.

“A video posted on Youtube that clearly says that attribution is required. And there’s no attribution, no sources sighted, and he didn’t ask permission. That’s mis-use of our material,” Quarterman said.

Quarterman is a videographer for the Lowndes Area Knowledge Exchange known as “LAKE”. He is also a Committee Member for the Lowndes Democratic Party.

Quarterman learned of the advertisement using his video this week. He immediately took it to his lawyer who is serving Senator Golden’s campaign a cease and desist letter.

It was this LAKE video, Bikram Mohanty (D) for GA Senate District 8 @ 30Club 2012-10-22. Here’s the license:

Creative Commons Attribution license (reuse allowed)

That license (in the Description under the video) links to this definition:

Creative Commons licenses provide a standard way for content creators to grant someone else permission to use their work. YouTube allows users to mark their videos with a Creative Commons CC BY license [attribution—reuse allowed]. These videos are then accessible to YouTube users for use in their own videos via the YouTube Video Editor. Attribution is automatic under the CC BY license, meaning that any video you create using Creative Commons content will automatically show the source videos’ titles underneath the video player. You retain your copyright and other users get to reuse your work subject to the terms of the license.

It clearly says attribution is required, and Golden’s campaign did not include any attribution.

The Golden campaign response obtained by WCTV?

“He’s only doing this for political means,” said Howard Mead, campaign spokesman. “When he uploaded his video onto Youtube he agreed to a Youtube license that specifically grants anyone on Youtube the right to re-use and edit the video.”

That’s not what the license notice right under the video says, and that’s not what YouTube’s definition of that license says. That YouTube definition also includes a further link to this Creative Commons license definition:

You are free:

to Share — to copy, distribute and transmit the work
to Remix — to adapt the work
to make commercial use of the work

Under the following conditions:

Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

The CC license continues saying the copyright holder (that’s LAKE) could give permission to waive the license: Golden’s campaign never asked for permission.

After the telephone recording of Golden’s campaign admitting they lifted the LAKE video and claiming an erroneous reading of the license, the WCTV video cuts to Golden’s attack ad here:

Some politicians will say anything.

Apparently so. Interesting behavior for an incumbent state Senator who is supposed to be representing his constituents.

-jsq

PS: Typos in the WCTV story include: I live in Lowndes County, not Valdosta; should be no sources cited, not no sources “sighted”; it’s the Lowndes County Democratic Party (LCDP), and I said several times I was not speaking for LCDP. I was speaking for the Lowndes Area Knowledge Exchange: this is one of those rare cases in which the entire LAKE politburo agreed that we needed to go on record.

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