NOM BLOG

YouTube Names NOM Video Among Best for "Fair Use"

 

The YouTube website has named a video produced by NOM, "No Offense," as among four of the best examples of creators applying the "Fair Use" doctrine. "Fair Use" affords content creators the ability to use short segments of copyrighted material without permission for purposes of commentary, criticism, parody and news reporting, among other uses.

NOM produced the "No Offense" video in 2009 to highlight the outrageous treatment given to Miss USA contestant Carrie Prejean. Prejean was asked by gay blogger Perez Hilton about gay 'marriage.' She responded that, 'no offense to anyone' but she believed marriage was between one man and one woman. Perez went on to ridicule her with vulgar insults and highly offensive language. The video served to educate people about the attempts by gay activists to silence supporters of marriage.

Until now, YouTube has operated a highly criticized approach to copyright claims, essentially taking down videos whenever a claim of copyright violation is made. Thus, copyright claims become a weapon in public debate where these claims prevent the public from seeing videos that discuss critical issues. In contrast, commercial advertising stations rarely take down material employing a "fair use" of copyrighted material, and certainly never without giving the creator an opportunity for input.

YouTube has now pledged to help video creators defend against improper take down demands when the creator has properly applied the "Fair Use" doctrine in the use of copyrighted material. Our video is an example to creators of how to fairly use copyrighted material.

This situation with YouTube is but one example of how hard NOM has to fight to get our position on marriage out into the public domain. Opponents of marriage continue to wish to silence us and other believers in the truth of marriage. We are pleased that YouTube has recognized our work as among the best to utilize copyrighted material in commentary and criticism.