Restore Alic88's Champions Trophy Tribute on Youtube!
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Pakistan Cricket: From Heroes to Legends (Champions Trophy 2017) was a tribute made by cricket video-editor Alic88 that dramatized Pakistan’s immense journey of success in an unprecedented fashion. The video gained immense traction (up to a million views) on Youtube for its unparalleled dramatization and observation of the tournament.
The Unlawful Takedown by CII: This prolific video-edit was unfairly taken down by Copyright Integral International (CII), on behalf of its client International Cricket Council (ICC), notwithstanding the fact that the non-profit work was radically transformative, used a plethora of distinct edits/cuts/transformative effects and soundtrack scores (not ICC related) to make an innovative work that was frankly not even contemplated by CII’s respective client (ICC).
Public’s demand: It is immediately demanded in the interests of justice, equity and the love of the game that CII write a letter to Youtube submitting its retraction of its claim against the video to firstname.lastname@example.org from the same email address that was used to submit to submit its original claim of infringement, with a statement of retraction, the complete and specific URL of the video in question (https://www.youtube.com/watch?v=6pYRu__fj0s) along with an electronic signature.
DETAILS OF CII’S UNLAWFUL ACTIONS:
ICC’s Market was not impacted in any capacity: The transformative work was solely for the purpose of entertainment/non-profit, and did not not in any capacity harm ICC’s goodwill and/or market. In fact, the video instead elevated ICC’s market within Pakistani audience by inclining audiences to be geared towards watching sports coverage of ICC events. Till this day, ICC has not made a biopic or a tribute documenting Pakistan’s 2017 Champions Trophy journey, therefore there is no potential market that Alic88 disrupted by making the non-profit video edit.
CII’s blatant discrimination against Alic88 only: It is most upsetting that CII and ICC discriminatorily do not take any action against other videos that minimally alter the ICC’s Champions Trophy material, and take no action against those who blatantly reproduce ICC’s Champions Trophy Highlights in their entirety. For instance, see below for evidence that showcases blatant discrimination on behalf of CII, and consequently ICC, against Alic88:
The Law governing this matter: The Law supports the video being restore on Youtube: Aside from the Fair Use Laws that people generically cite towards (17 U.S. Code § 107- Limitations on exclusive rights: Fair use), U.S. case law support the restoring of Alic88’s video. In a landmark Fair-Use Case before the United States District Court Central District of California ("Equals Three, LLC v. Jukin Media, Inc.), the Court held that notwithstanding a user using copyrighted clips in their entirety, the transformative works of the editor/user were protected as the user’s jokes and commentary added something new to the copyrighted videos. The transformative works were deemed protected notwithstanding the fact that the user was making a profit out of using the copyrighted works. Analogizing this case to Alic88’s fact pattern, not only did Alic88 not use any single copyrighted source in its unedited entirety for the video-edit, he used his distinct editing techniques, which apply unparalleled attention to detail to drastically alter the original copyrighted materials, that not only add something new to the video-edit, but make the work entirely transformative. Most importantly, Alic88’s works, including the subject matter video, are for non-profit, thereby seriously tipping the fair-use in Alic88’s favour.
Summary: Therefore, in the interests of justice, equity and FairPlay in accordance with the law, it is implored that CII write to Youtube and request a retraction for Alic88’s video-edit titled “Pakistan Cricket: From Heroes to Legends.”
This prolific video-edit was unfairly taken down by CII, with tacit support from ICC, notwithstanding the fact that the non-profit work was radically transformative, used an enormous amount of distinct, creative audio sources/sharp edits to make an innovative work that was not not even contemplated by ICC. The statutory and case-law commentary cited above substantiates the nature of our claim.
The Future of Artistic Expression is at Stake: The game of cricket needs non-profit artistic/transformative expression to showcase its most beautiful side. The suppression of such would tantamount to denying a unique opportunity for ICC to promote the game, without cost or economic detriment to itself.
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