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Media Use of YouTube Gun Channel Content (Fair Use Doctrine)

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Published on Jul 20, 2012

PLEASE HAVE ANNOTATIONS ON. Just to be very clear, this is not my preferred style of video. I'm tired of the media taking firearms videos published on YouTube by ordinary citizens and using those for promoting an inaccurate and sensationalist agenda. I have been subjected to this tactic several times. However, additional research and "counseling" within 24 hours of posting this video has lead to a disappointing conclusion.

The reference to TMZ at the beginning of the video is old news; I have removed that video from public viewing by making it PRIVATE, and also disabling the embedding feature. That was easy.

In February 2012, NBC used some of my footage in a news video. This "story" is one of the worst examples of reporting I have ever seen. Two brief segments of content published on my channel appear beginning at the 45 second mark of the newscast. While it appears that NBC, under "Fair Use" law, can legally take this content, it is frustrating that they have mispresented the original intent. I have been informed that I would not likely be successful in challenging the "purpose and character" element of Fair Use Doctrine. In other words, NBC and other media outlets can legally continue this practice and the single element of the law that could be challenged is predicted to be an unwinnable situation. We will continue to be misrepresented by newscasts such as this below:


"The Tonight Show with Jay Leno" also used some of my footage in the December 23, 2011 opening monologue.

And, not to overlook the media shysters pulling the same stunt overseas, here is an Australian news article discussing illegal guns. Beginning at 1:20, there is footage of me in my backyard in the U.S, shooting a legally purchased Glock! Since when did I live in Australia and shoot illegally-acquired firearms! Talk about twisting facts!


I strongly believe that we have the ability and the responsibility to communicate, in a civil manner, that our position is being exploited. We should all be more vocal in expressing these beliefs, myself included. Awareness is the first step, and I fear that a majority of gun owners have no idea this is going on.

Thank you for your support, and be safe.

July 22, 2012: As expected, the "media" is now calling for the repeal of or restrictions on the 2nd Amendment. They are using an argument that the Founding Fathers could not have foreseen the technological changes in firearms, and the current status of our culture.

Are they disregarding the fact that the 1st Amendment has also been subjected to those aspects? High-speed printing presses, electricity, radio, TV, cable, satellite, internet, Google, YouTube, RSS feeds, blogging, Twitter, etc.?

OCTOBER 2012: FYI, the BBC in the UK recently asked permission to use some footage. I give them credit for that approach. It wasn't gun footage, some cicada footage from 2011. It was a nice written exchange back and forth, and they even offered money. However, I decided not to do business with them because of their raging anti-gun agenda against our brethren in the UK.

CAMERA: Sony HDR-CX560, 60p, 28 mbps, 1920 x 1080 HD.
EDITING: Sony Vegas Movie Studio HD Platinum 11, MP4, 30p, 16 mbps.

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