kNOw Future Inc.

law, technology and cinema, washed down with wine

Filmpiraten Crush Austrofascists (at first instance…)

An Austrian court issued an interesting judgment this week. A leftist film collective, Filmpiraten, took a court case against the far-right Freedom Party of Austia (FPÖ) for copyright-infringing reuse of material published on youtube under a creative commons license. The video at issue documented antifascist protests against the Viennese Akademikerball, an annual event held by the FPÖ  which has been the target of demonstrators for many years.

Filmpiraten publish their work on the website and on youtube under a BY-NC-SA license. this means that others are free to use the material without permission providing the use is non-commercial, the work is attributed to them, and that whatever work is created downstream using it is distributed under the same licensing conditions.

The FPÖ operate their own youtube channel which includes a program called FPÖ-TV, published as work in which copyright is claimed. The court case thus concerned a violation of Creative Commons licensing terms under which the Filmpiraten had made their work available. Where a would-be user of material available under a CC license does not accept the licensing conditions, they must make a licensing agreement with the copyright holder in the usual way. Unless they are using it on the basis of one of the statutory exceptions (criticism, commentary etc).

In any case the Filmpiraten were successful in the Viennese court, so this is a significant decision for anyone interest in the treatment of CC licenses in the courts. The FPÖ will appeal. The newspaper report from Der Standard is available here (German).

September 2, 2016 - Posted by | /, Austria, copyright, licenses

1 Comment »

  1. […] Long story short: The FPO reposted the video to its own YouTube channel claiming a copyright, the later aspect being in violation of the Creative Commons license under which Filmpiraten originally posted it. Eventually the case ended up in an Austrian court, which ruled in favor of Filmpiraten and therefore the Creative Commons. The FPO plans an appeal, however. You can read about it on kNOw Future Inc. […]

    Pingback by HPE Boosts SUSE, Rootkit Targets Linux & More… | FOSS Force | September 10, 2016 | Reply


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