North American Car Crashes (a statement on)
For those of you who've never been to my site before, I'm a photographer/cameraman who travels the country covering severe weather year-round. I am a one-man operation. I pay my own way (racking up thousands of dollars in expenses per year) and take weeks of unpaid time off of work to do it. I am not a corporation nor am I sponsored or supported by anyone. Video sales and Youtube ads help pay for the chases. I've had increasing problems lately with individuals ripping and copying my videos to other sites and Youtube channels without permission. Despite the fact that I'm the one who does the work and spends the money to go out and shoot the original videos, I'm almost always on the receiving end of hate from the supporters of the people and groups copying my videos (who do little more than sit at a computer with video editing software for a few hours).
If the length and detail of this page makes it seem like I'm worked up about the issue, you're right! Copyright infringement is my BIGGEST problem, you bet I'm concerned with it. Some months, I spend more hours dealing with copyright infringement than SHOOTING the videos!
There are countless copyright infringers on the internet who steal/repost my work. There is one such group maintaining a presence on the internet called "North American Car Crashes" (NACC) who have been one of the more egregious offenders of ripping my videos from Youtube, assembling compilations of those videos, then re-uploading them to their own channel. They've been repeat offenders, copying my videos at least three separate times. At least one of their supporters has uploaded the videos yet again at different locations (Youtube and Dailymotion). Many of my videos were taken and used in the first and second iteration of their Youtube channels (and on their Facebook page) earlier this year. Both channels were terminated by Youtube after I and at least two other photographers filed copyright claims (via DMCA).
Like many copyright offenders, the individuals behind this group and a few of their followers responded with insults and threats - but took it a step further with a "PR campaign" of sorts against me around the internet, examples of which can be found on Liveleak, Youtube and Facebook. My name (and references to me) continues to come up in discussions among their followers. Again, I'm the guy who goes out and actually shoots the type of original videos they apparently love so much! Since these individuals banned me from their Facebook page after I complained, I am unable to answer many of the false allegations directly. Furthermore, they and some of their followers have stated on their Facebook page that they have intent to continue making and uploading their compilations in defiance of copyright claims (including posting them to other video sites to try and outsmart the copyright holders).
This type of ludicrous "hate the content creator, love the copyright infringer who steals his work" is becoming all to common. As a result, I've decided to put up this blog post so that anyone searching for the NACC compilations will come across this page and hear the truth behind what has happened, since they are unwilling to face any criticism on their Facebook page.
I have valid reasons and the right to issue DMCA takedowns.
All of my videos are already freely viewable on my Youtube channel. There is no reason for them to be copied to another channel. Copies on other channels will subsequently take views away from my channel (it has happened before), and the compilations where my videos appear can often go viral instead of my original copy. Sometimes infringing copies even show up higher in search results than my originals! Yes, this has happened to me before - it is not a myth. I've had instances where something of mine was copied, then the stolen copy's link posted to Facebook, Reddit or Twitter where it subsequently began to go viral, completely bypassing my original. I do not benefit at all from that so-called 'exposure' - more on that below.
When my videos are copied to another channel, it is copyright infringement, and I have every right to issue a takedown on the content I own and shot myself. I personally financed and shot every video I own.
Why do I care so much about this? I spend thousands of dollars every year, travel tens of thousands of miles across the country, buy my own equipment, stay out in brutal winter storms for more than 24 hours at a time without sleep, many times sleep in my car to save money, and do this all while taking unpaid time off of work. It takes me covering 5 or 6 winter storms before I capture one useful video. I've had years where I covered every winter event that season, and only captured one usable clip.
I don't do all of that work and expense so content thieves can take my videos, sit at a computer for a couple of hours with editing software, and make viral/popular Youtube compilations that compete with my own for views and subscribers. You think making those compilations was a lot of work? Try going out and SHOOTING all of the videos by yourself, with your own money! I do not send false copyright (DMCA) claims.
I've been accused of sending false copyright claims (for videos that were not mine) to get the North American Car Crashes Youtube channels taken down. This is not true. I only file a DMCA takedown on a video that contains one or more clips of my footage in it. This includes the compilations where my footage appears. I have never sent a DMCA takedown for videos that do not contain any of my footage. Every DMCA I have filed is on record with each site, and I can prove that every takedown notice I send is legitimate. If you hear someone accuse me of sending a false takedown, ask them to show the proof! Every DMCA takedown has a case number, and is filed with both me and with the site where the video was posted (Youtube, Facebook, etc). Everything can be tracked and proven.
I have been shooting icy roads for 11 years, and I have a lot of footage (my footage catalog is here). Chances are, if you make a large compilation of crash footage with videos you just found around the internet, one of mine is probably going to be in there. And when I find it, I will issue a DMCA takedown!
All of my footage is registered with the US Copyright Office. I can do a lot more than just send a DMCA takedown - those who have received takedowns should consider themselves lucky that all they got was a DMCA. I have the right to take legal action in any case, and I will actually consider it for the more severe cases. I have never harassed anyone.
NACC defines my complaining to them about their repeated infringements of my videos as 'harassment'. I have never used profanity or any type of personal attack when addressing NACC, I simply stated my case. I'm publicly inviting that they or anyone who saw the exchange to give an example of where I was ever harassing them. Everything I posted there is exactly the same arguments I'm posting here on this page. These are facts, not harassment. Unfortunately, since they've deleted everything from their Facebook page, you can't read it to see for yourself. Hopefully someone has a screen capture of everything that was said, and I'm sure Facebook probably has a record as well if you wish to pursue it that far. The bottom line is, ask to see evidence before you believe anything you see from them.
I am not the only rights holder filing copyright claims.
Youtube typically does not shut down a channel until a second rights holder files a DMCA claim, even if the first rights holder has filed multiple claims against the channel. I have not been the only photographer who has filed claims against the NACC channels. Here is a link to a forum thread by another video owner discussing his claims against NACC. I do not get rich from my videos.
My main job is web development. I take unpaid time off to cover storms and shoot my videos. I generate some revenue from my videos, but it is a part-time income at best that varies month to month. A large percentage of that goes back into the travel expenses that are necessary to capture all of the footage each year. This revenue comes mostly from licensing the footage to TV programs, and to a much lesser extent, from Youtube ad revenue. The Youtube ad revenue is affected by the number of views I get. When my video gets copied to another channel and is viewed there, the viewer has no reason to click over to my channel and watch my copy again. That's why the 'exposure' argument falls flat. I only benefit from my videos when someone purchases a license to use it, or watches the video on my channel. Getting so-called 'exposure' on another channel doesn't put gas in my car for the next winter storm trip!
If I don't get rich, why do I do it? I cover icy roads in the winter to try and help raise awareness of the hazard. It is hard work and many times not very fun, but I do it because I feel like it is something that has a chance to make a difference in the world. I built and maintain the icyroadsafety.com web site. When someone steals my videos, they take away some of the potential funding for this effort. I try to make a living off of covering weather, not "people's misfortune".
Some say "You're trying to make money from others' misfortune." Please! Beside the fact that this accusation comes from the community that gets their kicks watching and compiling these same videos (and building their online identity on them), read the last item above. My passion is documenting all types of extreme weather: look at the rest of my web site and Youtube channel. Icy roads are only a part of what I shoot videos of. Snow and ice are weather just like thunderstorms, tornadoes and hurricanes. Why wouldn't I shoot pictures of it? And there's no financial motive beyond making sure my rent, utilities and groceries are paid for every month - just like you do when you go to work. If you don't believe me, schedule a time to come and visit me. I will show you my entire worldy possessions and even my tax returns. Seriously! Here is my contact information (just give me at least a day's notice before showing up). I shouldn't have to do that, but if that's what it takes to silence that ridiculous accusation, so be it.
I don't get rich or even make any meaningful profit from this. If I wanted to get rich, I'd be doing something else! (Anyone who is in the TV footage business knows this) At best, weather footage pays the opportunity cost for being able to shoot it at all. I don't have a standard 9-to-5 job, I do contract web design work to keep my schedule flexible enough to chase. The weather video income usually only enough to cover the cost to keep doing it. Every once in a while it makes a car payment (and why is that inappropriate, since doing all of this wears my cars out earlier than average?). If you still consider that "making money off of others' misfortune" then I don't know what to say, other than I'd assume you are also against all TV stations and news networks in the world as well, since 90% of their coverage is on tragedy and bad news? Many of those people ARE getting rich, where's your outrage against them? But somehow I'm not allowed to even fill my gas tank with any proceeds from my videos. Thanks a lot!
Again, the icyroadsafety.com awareness effort has become the primary motivator for me to continue shooting icy road footage. Look how much effort I've put into that site - all of the articles, data collection and research I've done over many years. I've built and maintained that site, sent letters to lawmakers and done many interviews for TV and newspaper on the subject - all while getting paid *nothing* aside from what the videos bring in. I have lots of evidence that I don't do this for money - what evidence do you have? If you're going to level that accusation, let's see your evidence.
Credit and exposure are worthless.
As I said, credit and exposure do not fill my gas tank or buy my groceries, and are not valid excuses to copy my videos. Taking my video and offering me credit does not help me in any way - it harms me by taking views away from my original copies. I get all the exposure I need on my Youtube channel. Having a second copy (or more) on other channels actually takes exposure AWAY from me.
I search all video sites for infringement every day.
If my videos are copied to any other video sites (Dailymotion, Zippcast, Vimeo, Facebook or even an independent blog or web site), I will find it, and I will issue a DMCA takedown.
Copying videos always carries the risk of copyright strikes.
Anyone making compilations of others' works without permission is committing copyright infringement, and will risk eventually facing copyright strikes from the rights holders when they find out. As NACC has learned, it's not just me who objects to their work being stolen. Once the owners of the other videos they steal find out, they are likely to file complaints.
"Fair Use" isn't a valid defense
A shot that took me weeks of traveling, staying in hotels, standing outside in brutal conditions for many hours, paying for fuel and unpaid time off of work to capture is not yours to freely take and do with as you please. "Fair Use" is very limited in scope, I would urge you to research this and/or contact an attorney who can advise you. Copying my videos to your channel (in compilations or individually) harms my operation by diverting traffic from my channel to yours. It doesn't matter if your videos are monetized or not. Your copy often will go viral in place of mine, and those viewers will never come to my channel to see the same video again. I can prove ALL of this in court if need be!
Why not use playlists or links?
If the goal is to share car crash videos that are found across Youtube and the internet, why not create a playlist on Youtube or use the Facebook page to share the links to the originals? That way, the original photographer gets the traffic and the views, and the playlist maker or Facebook admin gets the followers. Everyone wins!
One final warning to the individuals behind North American Car Crashes and their followers (since they've banned me from being able to contact them): if another instance of infringement of my work occurs, I will have no choice but to pursue this in court. Since all of my work is registered with the US Copyright Office, and I have fully documented your history of repeated infringements and my DMCA takedowns and notices, there is an open-and-shut willful infringement case to be made. Google what 'willful infringement' means and what happens when a lawsuit is filed - or better yet, consult with an attorney. I've not pursued it thus far due to the perpetrators apparently being young students, but if they continue to be a threat to my work online, I will take action if forced to.
Also to NACC and followers: Consider this: by committing copyright infringement AND berating/insulting/cursing the photographers who rightfully issue complaints, you are angering and alienating the very people who are actually doing the work to produce the videos you love to watch. That's not a good strategy for gaining successful collaboration and respect. I will gladly take this page down once you acknowledge your actions, stop propagating false information/inciting hatred about me, and issue a public apology. Until then, this page will remain online indefinitely for everyone who searches for your page and videos.
For more reading on copyright, see my DMCA and Copyright FAQ.
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