Tea Party Poopers

There’s an interesting YouTube/Fair Use dustup developing which – bad luck – involves the disproportionately prominent Tea Party movement.

Start with this parody video from liberal advocacy website The Full Ginsburg, which features a faux Crayola CEO thanking Tea Partiers for using crayons, while also depicting them as morons and racists.

Or maybe not – the video has been “removed” from Funny Or Die, where The Full Ginsburg stashed it, and supposedly from YouTube, where everybody stashes everything.

Social Times headline:

YouTube Pulls Tea Party Video

Lede:

The last couple of weeks have left a lot of us questioning the extent to which YouTube values our freedom of speech and expression.  It seems that the site has really been cracking down on creators, removing videos left and right including the Hitler Downfall parodies and M.I.A.’s new ‘Born Free’ video.  Today, the newest addition to YouTube’s pulled videos was added to the list.  ‘Crayola Thanks the Tea Partiers’, a parody created by political humorists The Full Ginsburg, has been removed from YouTube thanks to the conservative blog iOwnTheWorld

Mr. (or Ms.) I Own The World said this:

If we don’t hear that Crayola Crayons is doing everything they can to stop the makers of this video can we assume Crayola endorses this video? If that is the case I will never use Crayola, or their affiliate’s (Hallmark) products, ever again.

I Own The World must fund a lot of Hallmark moments, because, as the Social Times post noted:

Apparently the blog succeeded in pushing Crayola, and their parent company Hallmark, into taking action.  The video was removed from YouTube today and replaced with the text “This video is no longer available due to a copyright claim by Hallmark Cards, Incorporated.”

Well, the video is available at Campaign Outsider, at least for now.

Which leads us to the thorny issue of trademark infringement/fair use/free speech/etc.

Here’s a Googletron link if you want to sort it out yourself.

Here’s another link if you want the Brainiacs at Harvard to sort it out for you.

Meanwhile, the hardworking staff at Campaign Outsider has . . .

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3 Responses to Tea Party Poopers

  1. esquire says:

    Fair Use??? This is not a case of Fair Use.
    The makers of the video said they were Crayola and then in Crayolas “voice” called a group of their consumer base racists and stupid.

    I think Crayola has the right to control what is said under the Crayola Banner. The filmmakers could be slapped with a restraint of trade lawsuit. They didn’t “parody” Crayola. They made libelous statements about a third party AS CRAYOLA.
    Far different than what you call “fair use.”

  2. Esquire says:

    Why would you delete my comment regarding this issue?

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