DECLARATION AND COUNTERNOTICE OF ALLEN ASCH REGARDING YOUTUBE VIDEO TITLED:
“Fox News Worried Its Viewers Can't Tell a Cartoon from News?”
I, ALLEN ASCH, declare as follows:
I am the person who created, controls, and uses the YouTube account under the username “LiberalViewer.”
I reside at XXXXXXXXX, Sacramento, CA 95821 and my home phone number is (916) XXX-XXXX.
My home address is within the jurisdiction of the United States District Court in the Eastern District of California, I consent to the jurisdiction of that court, and I will accept service of process from Twentieth Century Fox Film Corporation, and/or their agents at my home address.
On November 10, 2009, YouTube notified me that, as a result of a third-party notification by Twentieth Century Fox Film Corporation claiming that my material is infringing, YouTube had disabled access to the following material I uploaded to YouTube:
My video titled “Fox News Worried Its Viewers Can't Tell a Cartoon from News?” at the URL, http://www.youtube.com/watch?v=blUTIUxh-Mk.
Although I am no expert on intellectual property law and my study of the subject provided murky answers at best, I am informed and I believe in good faith that my video fits well within the FAIR USE exception to the copyrights laws for the following reasons:
1. The purpose of my video is to educate people on public issues and provide media analysis/criticism and political commentary that transforms the fairly used material into something substantially different. My video was also noncommercial prior to October 2008, though I began monetizing it that month.
2. While Twentieth Century Fox Film Corporation airs primarily entertainment programming, the fairly used material was chosen for its news value to inform my viewers about a news controversy regarding the way the Fox News may affect Fox entertainment programming as was reported in several news sources, nationally and internationally. See, e.g. http://www.guardian.co.uk/media/2003/oct/29/tvnews.internationalnews
3. The fairly used material from Twentieth Century Fox Film Corporation is a single clip only 44 seconds in length that comes from a 30 minute television episode and my video could not be mistaken for that television episode, particularly because of the fairly used material from other sources included in my video as well as the political commentary and media analysis also included that is twice the length of the Twentieth Century Fox Film Corporation clip.
4. My video has a relatively small audience (the YouTube website says this video got about 320,000 views over a period of over 3 years, and some of those views are not unique) and, as something of a “fan tribute” to "The Simpsons," I believe my video actually increases the market for Twentieth Century Fox Film Corporation programming, if it affects that market at all.
I declare under penalty of perjury that the foregoing is true and correct except for those things stated on information and belief, and, as to those things, I have a good faith belief they are true.
Executed November 10, 2009, at Sacramento, CA.
YouTube username “LiberalViewer”