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SBD/February 25, 2013/Media
Was NASCAR Fair In Asking Fan To Take Down YouTube Crash Video?
Published February 25, 2013
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FAIR GAME? SI.com’s Michael McCann noted by attending a NASCAR race, a spectator “consents that NASCAR owns the intellectual property of the race,” meaning the spectator “cannot record or broadcast his/her own video.” If a spectator “does so, the spectator has breached the ticket's limited license and can be sued for copyright infringement and breach of contract.” Any video-sharing company, like YouTube, that “transmits the video can also be sued for copyright infringement.” But only about “12 seconds of Anderson's 1 minute, 16 video is actually of a NASCAR race; the rest centers on the crash and fans scrambling for cover from flying debris.” It could be argued that “at about 13 seconds into Anderson's video, the race transformed from a copyright-protected NASCAR event into a not-copyright-protected news event.” Even if Anderson's video “is subject to copyright protection, it's not clear that NASCAR would own that copyright” (SI.com, 2/24).