EFF Speaks Out in Court for Citizen Journalists

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No one gets to abuse copyright to shut down debate. Because of that, we at EFF represent Channel 781, a group of citizen journalists whose YouTube channel was temporarily shut down following copyright infringement claims made by Waltham Community Access Corporation (WCAC). As part of that case, the federal court in Massachusetts heard oral arguments in Channel 781 News v. Waltham Community Access Corporation, a pivotal case for copyright law and digital journalism. 

WCAC, Waltham’s public access channel, records city council meetings on video. Channel 781, a group of independent journalists, curates clips of those meetings for its YouTube channel, along with original programming, to spark debate on issues like housing policy and real estate development. WCAC sent a series of DMCA takedown notices that accused Channel 781 of copyright infringement, resulting in YouTube deactivating Channel 781’s channel just days before a critical municipal election.

Represented by EFF and the law firm Brown Rudnick LLP, Channel 781 sued WCAC for misrepresentations in its DMCA takedown notices. We argued that using clips of government meetings from the government access station to engage in public debate is an obvious fair use under copyright. Also, by excerpting factual recordings and using captions to improve accessibility, the group aims to educate the public, a purpose distinct from WCAC’s unannotated broadcasts of hours-long meetings. The lawsuit alleges that WCAC’s takedown requests knowingly misrepresented the legality of Channel 781’s use, violating Section 512(f) of the DMCA.

Fighting a Motion to Dismiss

In court today, EFF pushed back against WCAC’s motion to dismiss the case. We argued to District Judge Patti Saris that Channel 781’s use of video clips of city government meetings was an obvious fair use, and that by failing to consider fair use before sending takedown notices to YouTube, WCAC violated the law and should be liable for damages.

If Judge Saris denies WCAC’s motion, we will move on to proving our case. We’re confident that the outcome will promote accountability for copyright holders who misuse the powerful notice-and-takedown mechanism that the DMCA provides, and a

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