I have composed a lengthy argumentġ) Explain why Nazi Propaganda is in the Public Domain, and Ģ) Why, even if it was not in the Public Domain, everything I have done in this film meets the four criteria commonly used to define Fair Use in U.S.
“In my expert opinion, as a documentarian and a professor of film, with an MFA in my field, I am confident that my documentary should not have been removed. Here’s Lambert’s response to the copyright claim, and the start of the battle. Ironically, a battle over Nazi propaganda copyright on YouTube will only serve to intensify historical wounds. But this could be part of a long-running effort to simply censor Nazi propaganda, part of a German effort to move past a very dark period in its history. Whether the library, BR Enter, or others are seeking money for the use of the anthem is an ugly question. Or, the Deutsche Nationalbibliothek may choose to drop the matter entirely. If Lambert has the resources, he may decide to battle the copyright claim, and potentially generate considerable publicity in the process.
All of this, despite the fact that the Deutsche Nationalbibliothek has disavowed any connection to the company. It’s sort of like going to driving school after getting busted for speeding, and Lambert passed the quiz with flying colors.īut that’s just the beginning: by contesting the takedown, YouTube has advised Lambert that he now faces potential legal action and penalties from BR Enter. For starters, Lambert was forced to go through ‘copyright school,’ which involves watching instructional videos on copyright law and answering questions about copyright. Lambert is now battling back against the claim, but getting straight-jacketed by YouTube’s policies. Here’s the strike notification, uploaded by Lambert. Yet, the film is still inaccessible, meaning a copyright claim (and strike) remain in effect. Even stranger, Deutsche Nationalbibliothek has now distanced itself from BR Enter Music, claiming the company doesn’t represent the library. Lambert says those works are now public domain, and completely permissible within his documentary. That includes the Nazi anthem, or ‘Horst Wessel Lied,’ while also drawing extensively from works like Leni Riefenstahl’s famous propaganda film, Triumph of the Will.
Lambert’s film explores the horrors of Nazi Germany under Adolf Hitler, and makes extensive use of Nazi propaganda pieces, including music. “Yes, that’s right, I am being penalized because a third party, acting for a fourth, imagines that they own the copyright to a sound recording of Nazi Propaganda specifically the, “Horst Wessel Song,” aka the Nazi Anthem, which you can listen to on any number of YouTube channels,” Lambert wrote. So who’s making this copyright claim? According to Lambert, the claim was placed by a company named BR Enter Music, acting on behalf of the German National Library (or Deutsche Nationalbibliothek). Lambert, first created the film about Nazi Germany in 2006, but has now been forced to battle this strike and risk losing his account (three strikes in 90 days equals a deleted account).Īs of this (Monday) morning, the film is still removed and inaccessible. Just last week, the creator of the documentary, You Don’t Know Hitler, found his film ripped down from YouTube with a copyright strike. If you think copyright law has problems, you haven’t seen the ugliness of this latest copyright takedown case. Not only does someone still own the copyright to the ‘Nazi Anthem,’ they’re still trying to make money off of it.