According to its “About” page, Waltham Community Access Corp., which operates two local access stations for the benefit of cable subscribers, “is funded by a percentage of the gross revenues from Comcast and RCN cable.” This is a typical arrangement, mandated by state law. And though WCAC describes itself as an “independent nonprofit corporation,” the revenues that access channels receive from cable providers are generally passed through to them by local government. What’s more, the cable providers themselves are licensed by each city and town.
In other words, local access outlets like WCAC may not be part of the government, but they certainly have a relationship with the government. Which is why the actions taken by WCAC last September, just before a city election, were especially pernicious. According to a lawsuit filed last week in U.S. District Court by a citizen journalism group known as Channel 781 News, WCAC filed a complaint with YouTube claiming copyright infringement because Channel 781 had made use of clips of government meetings. Again, as is typical of local access operations, WCAC carries some municipal meetings in full and then posts them online. According to a press release from the Electronic Frontier Foundation, which filed the suit on Channel 781’s behalf, WCAC violated Channel 781’s rights under the “fair use” exception to copyright law:
The Waltham Community Access Corp.’s misrepresentation of copyright claims under the Digital Millennium Copyright Act (DMCA) led YouTube to temporarily deactivate Channel 781, making its work disappear from the internet last September just five days before an important municipal election, the suit says.
“WCAC knew it had no right to stop people from using video recordings of public meetings, but asked YouTube to shut us down anyway,” Channel 781 cofounder Josh Kastorf said. “Democracy relies on an informed public, and there must be consequences for anyone who abuses the DMCA to silence journalists and cut off people’s access to government.”
WCAC’s actions — which have earned it a New England Muzzle Award — resulted in the temporary shutdown of Channel 781, according to a story from last September in The Justice, the student newspaper at Brandeis University. At that time, Justice reporter Lea Zaharoni wrote that WCAC did not respond to a request for comment. But Zaharoni found that the president of WCAC’s board also served as a city official, and observed that Channel 781 had reported critically on yet another organization that particular official was involved with.
Adam Gaffin of Universal Hub, who has published a comprehensive account of the lawsuit, found a statement posted by WCAC executive director Maria Sheehan that has since been taken down:
Our station is a private nonprofit that does not receive taxpayer funding. Over recent years, photographs from our news department, and video from the MAC channel, have been reproduced without our permission. We know this is a reality of the world we live in, but we put copyright disclaimers on our media for a reason. Some have used our content to score political points under the veil of anonymity. Others have used it to encourage residents to hate. This practice can damage reputations and spread misinformation and we do not want to be a part of that. So as we head into a contentious election season, I’m asking the public to respect people who work hard to create our original content. In the interest of transparency, we will entertain requests to reuse our content for free, but misuse is wrong, and it is illegal. Moving forward, the Waltham Channel will take whatever legal steps necessary to protect our content.
According to the EFF, “WCAC sent three copyright infringement notices to YouTube referencing 15 specific Channel 781 videos, leading YouTube to deactivate the account and render all of its content inaccessible. YouTube didn’t restore access to the videos until two months later, after a lengthy intervention by EFF.”
In its lawsuit, the EFF asks that the court issue an order to prevent WCAC from targeting Channel 781. Damages and attorney’s fees are being sought as well.
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