Brave New Films sues Michael Savage over YouTube takedown

Brave New Films, the Web video production company run by liberal filmmaker Robert Greenwald ("Outfoxed," Walmart: The High Cost of Low Price"), is suing conservative talk-show host Michael Savage in a copyright dispute that hinges on the takedown of a one-minute-long YouTube video.

The video called "Michael Savage Hates Muslims" (and still available here) features a photo of Savage, along with a short audio excerpt from the "Savage Nation" program, in which Savage makes clear his disdain for Muslims and Islam. "You can take your religion and shove it up your behind," he yells at one point. "I'm sick of you." 

Brave New Films has an adversarial history with Savage. The company maintains a site called NoSavage.org, which features the "Michael Savage Hates Muslims" video along with links to other inflammatory remarks by the host.

The complaint holds that Talk Radio Network Inc., the Oregon company that syndicates Savage's show, sent a takedown request to YouTube for the video on Oct. 2 -- the night of the vice presidential debate, and a moment of intense interest in online political news. As a result of the network's request, YouTube not only removed the offending video but disabled Brave New Films' YouTube channel completely. Because Brave New Films uses the YouTube player to embed its videos on its own public website, that site suffered as well.

According to YouTube, copyright law requires the company to terminate accounts that repeatedly infringe, and Brave New Films had problems with Viacom last year when they used material from the "Colbert Report."  Suspensions can be lifted if one or more of the claims are retracted.

Reached for a comment before the suit was officially filed, Phil Newmark, a producer at Talk Radio Network, said on behalf of Savage, "Michael never sent a complaint to YouTube about anything. This did not come from him in any way, shape or form." Newmark said he had no information about where the complaint originated, but said he would contact TRN's chief executive, Mark Masters, to inquire. TRN is also named in the suit.

Brave New Films' channel is No. 71 of all time among YouTube directors -- a highly competitive category. The company's 300 separate videos have collectively earned 36 million views. Greenwald was able to get his channel reactived by midmorning on Friday, but by then it had missed the big wave of debate-related traffic. Adding to the trouble was that Brave New Films had taken out a full-page ad in the New York Times that morning, while its site was still incapacitated.

Greenwald called the situation, which left most of his company's content "dead" during a time of peak political interest, "incredibly scary and troubling."

"On some level, no matter what the damages are, we can't get back the views of Thursday and the views and impact of Friday, when the New York Times ad came out," he said in a phone interview.

The lawsuit, brought by Brave New Films with attorneys from Stanford Law School's Center for Internet and Society, asks that the court declare that the Savage video was a so-called fair use of the material, rather than a copyright infringement. The suit also seeks damages to compensate for "harm to [Brave New Films'] free speech rights and the visibility Brave New Films had worked so hard to achieve."

In 2007, Savage sued the Counsel on American-Islamic Relations over its use of the very same audio excerpt in a similar video, claiming copyright infringement. The court dismissed the case entirely, concluding that the CAIR's repurposing of the audio was fair use. 

Related:

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Comments

[Anthony]

This shows why it's RIGHT-WINGERS that are all in favor of freedom of speech - until THEY hear something they don't like. Everything else is a filthy lie.

[Chris King]

Anthony: The issue here is Brave New Films used a complete lie for a headline. "Michael Savage Hates Muslims" .... He does not hate muslims. Michael has every right to ask for it to be taken down if we wishes so.

[brenda rothschild]

to whomever
i have just heard michael savage's comments on Obama on tonights show, at about
8;30, from two guests that he had on and though I do not remember their names, I remember what they said.
tell me how I can get a replay or a printed out copy of tonights show, please!!!!!!!
The information that Michael gave about Obama is very important to me. thank you
brenda rothshcild

[Seth Greenberg]

Michael Savage calls everyone out who hates America. Go Savage!!!

[ihatehim]

For the love of God, this man is STILL on the air?

[michael crawford]

Savage doesn't side with anyone. Not Dems, not repulicans, not jews, not christians. If your wrong he'll tell you. If your right, he'll give you credit.
Let's put him into perspective. He's trying to make you aware of those who are undermining everything our constitution stands for and let's make no mistake, they ARE out there.From schools to colleges to government there is an enemy within.
Did anyone hear the guest on his show tonight accusing Obama of not being a US citizen?
What a bombshell this could be. The guest says he has proof to back it up. Obamas skeletons can't hide much longer!

[michael crawford]

Savage doesn't side with anyone. Not Dems, not repulicans, not jews, not christians. If your wrong he'll tell you. If your right, he'll give you credit.
Let's put him into perspective. He's trying to make you aware of those who are undermining everything our constitution stands for and let's make no mistake, they ARE out there.From schools to colleges to government there is an enemy within.
Did anyone hear the guest on his show tonight accusing Obama of not being a US citizen?
What a bombshell this could be. The guest says he has proof to back it up. Obamas skeletons can't hide much longer!

[Joe]

Only liberals slander people and then sue them when the victims take reasonable steps to defend themselves. Why do liberals hate truth? Why do liberals refuse to follow laws, rules, standards of acceptable civil discourse? Must have been all of the boogers they ate in grade school while cowering in the corner hiding from the bigger, smarter kids. Just guessing.

[Evan]

If any of you morons had actually listened to the show for more than 2 minutes you would certainly know Savage does not "hate Muslims." What he is sick of is the importation of immigrant cultures and the utter rejection of American borders, language and culture by immigrants, particularly illegal immigrants. He also hates radical Islam and terrorists who want to kill all homosexuals, take over the world, and make all women into walking tents. Saying "Michael Savage hates Muslims" using a one-minute piece of audio is slanderous. Obviously one-minute clips are not in context whatsoever. If you had a recording of the entire hour or the entire 3-hour show during which Savage clearly and repeatedly denounces all Muslims then you might have something. Until then, get a life.