Fox Tries To Hide Paula Abdul Videos… Causing (Of Course) Them To Get More Attention

from the nice-try dept

If you follow pop culture news at all, you probably saw the recent clip of Paula Abdul’s bizarre performance on a TV news program promoting the latest season of American Idol. In the clip, Abdul sways around, appears confused and occasionally slurs her speech — a situation that Fox and Abdul tried to explain away as “technical difficulties.” However, just as the issue was starting to die down, it appears Fox is giving it an extra push for attention. GMSV points out that Fox has supposedly sent DMCA takedown complaints to YouTube, demanding the offending videos be removed, as they try to erase history (even as plenty of people had already seen the video, and it was already featured on various talk shows). Either way, it’s nice to see the press report on the topic quotes a lawyer referring to “the Streisand Effect.” Ever since first (jokingly) coining the phrase, we’ve been waiting for lawyers to understand it.


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Comments on “Fox Tries To Hide Paula Abdul Videos… Causing (Of Course) Them To Get More Attention”

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26 Comments
misanthropic humanist says:

how to get fair use

afaics the letter of the law says it’s infringing, though we all know that censorship is the motive.

From TFA:

“Some people would say this is an overly aggressive use of the takedown procedure [allowed in the DMCA],” said James Nguyen, an attorney who specializes in entertainment and copyright law at the Los Angeles-based law firm Foley & Lardner. “They’re within their rights … but most of the major TV networks don’t ask you to take down their other clips.”

He doesn’t explain what their rights actually are, especially since:

However, there are also “fair use” laws that allow some content—such as short clips or satirical depictions of celebrities—to be aired online.

So what makes the difference?

Contrary to popular belief and misleading assertions of certain media organisations, Fair Use has never been overturned in the USA. The law still protects content where it used as part of another work analysing, satirising or discussing the contents of the clip in question. Simply taking a short clip and putting it online is not sufficient for Fair Use, ergo to have Fair Use you must have a use for it.

All that is necessary to protect the clip from DMCA takedowns is to add a short introductory voiceover (over black) asking the question “Was Ms Abdul pissed out of her tiny mind, or not, you decide?”

That changes it from a potentially infringing “clip” to an integral part of another work, one which poses a ligitimate question and frames the clip correctly as evidence of the case in point, and making any attempt to remove it incontrovertibly censorship.

Sanguine Dream says:

Re: how to get fair use


All that is necessary to protect the clip from DMCA takedowns is to add a short introductory voiceover (over black) asking the question “Was Ms Abdul pissed out of her tiny mind, or not, you decide?”

That changes it from a potentially infringing “clip” to an integral part of another work, one which poses a ligitimate question and frames the clip correctly as evidence of the case in point, and making any attempt to remove it incontrovertibly censorship.

But wouldn’t putting it up on a video hosting site that allows for comments fit the requirement you just mentioned?

In this day and age where people are always looking for the chance to say, “Don’t knock it before you try it,” is it any wonder that people try to get the content in question out into circulation before the PR machine tries to spin it away?

misanthropic humanist says:

Re: Re: how to get fair use

I don’t think so Sanguine. That’s why I say – make it a part of another work, however small the additional context. Putting “the clip” on a site that allows post facto comments doesn’t change it. Making a short introduction does, in fact it makes it your copyright 🙂

matticiousg says:

Re: Re: Re: how to get fair use

I’m not very knowledgeable about copyright law so I could be way off base here, but doesn’t youtube.com as an entire website count as a “work” in and of itself? I don’t see the difference between a site like youtube and a show like Best Week Ever aside from the number of people allowed to comment on the clip.

KevinG79 (profile) says:

Technical Difficulties

At one point Fox explained the “technical difficulties” as multiple people talking into Paula’s earpiece at once giving her mixed communication and forcing her to try to respond to all of it at once.

Try more like… she tried to respond to all the voices IN HER HEAD… Crack,LSD, and whatever other drugs she was on tend to do that to a person…

Nice try Fox. You can’t hide the obvious fact that your beloved American Idol judge is a crack whore.

thinlizzy151 (user link) says:

Paula Abdul video

The woman was so obviously smashed, so why did her handlers let her on? What’s the big deal anyway? It’s only a big deal due to these ham-handed attempts at damage control which only serve to pour gasoline on the fire. When are these companies going to realize that we are now in an age of instant communication and the genie is out of the bottle before you even realize someone has opened it? Or maybe they just wanted all this publicity? Hmmm…

another says:

Get real

Call me a cynic, but maybe Fox and Paula did this on purpose to generate even more publicity?

People really need to understand that much of what happens is all for publicity. Bill O’Rielly goes on Colbern, think Bill doesn’t know whats going to happen? Hell, both their ratings have went up. Trump gets into a pissing match with Rosie right before his show goes on, guess what, both their ratings go up. Tom Cruise has a movie coming out, he jumps up on Oprah’s couch. Tom Cruise has another movie coming out, he marries someone. He has another movie coming out, he has a baby. GWB wants to weaken middle eastern powers, so he goes in and gets the religious wars started so sooner or later Iran will be fighting another faction soon. Hey, you never know.

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