I've made numerous blog posts, social media posts and even a Youtube video about this problem, but the message just isn't being received. I'm not trying to make anyone feel bad or seem overly negative, but this has all been doing a devastating amount of damage to my income and storm chasing operation. I don't take any pleasure in having to make this post or take any of the other actions necessary to protect my income or recover what I've already lost.
Tornado and disaster documentaries and "tornado edits" are a very popular video format on Youtube and Tiktok, and a large number of these are being made. Unfortunately, most of them are taking tornado footage (shot by chasers, TV news outlets and the general public) without permission or a license. Most are doing this under the mistaken belief that using footage in a documentary or edit is "fair use".
I actively pursue takedowns and initiate legal cases against reposts of my videos and photos on social media and Youtube, as well as documentaries using my footage without permission.
Consider this a formal notice to all reposters and documentary producers: you WILL receive a takedown/strike if you repost my video or photos or use them in a documentary without permission. In some cases, an expensive-for-you legal copyright infringement action may be initiated (lawyers and lawsuits are not cheap, as I'm sure you are aware). I have had to do this (successfully) many times. I take no pleasure in having to take any of these actions, but it is a critical battle that determines my ability to keep operating. Make it easier on everyone involved: please don't repost or use my video without permission.
Contrary to the many myths about copyright and fair use often repeated on the internet, Federal law (read 17 U.S. Code § 107) specifies that four factors are used to evaluate all uses of copyrighted material. That means that unlicensed uses with commentary, editing, news reporting, educational purposes (including documentaries), etc must still pass those four factors to be judged as fair use. Reposting the entirety of, or the best parts of, a video to Tiktok, Facebook or in a documentary does not pass the four factors test, even if things like commentary and editing are done.
I put together the following video for my Youtube channel about this:
Those other copies of my video, or a documentary using large amounts of my video, divert traffic from my original copy. They replace my video in platforms' featured and recommended video slots. Reposts of photos completely replace mine in search engine results, particularly reposts on Reddit. These bring no benefit to me or my storm chasing operation, in fact they do great harm.
Giving credit on a repost or in a documentary does not benefit a chaser: It is an unfortunate yet widespread myth that "giving credit" on a repost brings any tangible benefit to a chaser (or any photographer or content creator): the very act of reposting the video does the exact opposite. Think of the last time you did anything that could benefit a chaser as a result of a credit, even if it was something as simple as visiting that chaser's official channels or social media accounts. The vast majority of online users are just like you. Most people simply watch and engage with what is in their feed, then just keep scrolling. Few visit the chaser's original or follow their official channel or social media pages as a result of a credit or even a direct link included as part of a credit.
There is also nothing in copyright law (17 U.S. Code § 107) that makes "giving credit" a defense, exception or mitigating factor in cases of infringement.
I have done my best to try and get this information out to the masses. I have posted this same information in numerous places, but the reposters and documentaries using my footage without permission continue to be a significant problem. I would rather spend my time chasing and photographing storms, not fighting copyright battles to save my income!
To reiterate about the images of the Twistex car from the rear camera: I'll say this again: the still pictures of Twistex from the rear camera are not supposed to be released. The families do not want them released. Those images were published originally against my will and against their will.
The families are the most important people to me in this entire event. They have suffereded incredible loss. The right thing is to respect them. They are my number one priority concerning the El Reno tornado incident, and they should be for everyone else as well.
It makes me very sad and angry to see those images being reposted everywhere despite our wishes being communicated clearly and repeatedly in numerous places. I am working continually to take all of those down. This battle (along with all of the other copyright infringement of my work) is a huge burden that takes a lot of time and money and adds a lot of stress to my life. The rear camera images staying private are of particular importance to me, and since I am the only person who has the power to do anything about it (as the copyright holder, I am the only one who can file takedowns and lawsuits), I will be doing everything I can to that end.
Please do the right thing. Do not post these images. If you already posted them, please delete them. I'm asking and pleading with you. Please don't make me have to file takedowns or a lawsuit against you. I don't want to do any of that. Those are very expensive and time-consuming, and I take no pleasure in doing something that will cost you a lot of money. If you can't afford to pay a lawsuit judgement or have your wages garnished, that's another good reason for you to not post the images.
That's not an empty threat, that is a warning: I have signed on with one of the best rights management agencies and intellectual property law firms in the world. Both of them have a well-known reputation for successful infringement recoveries, and they both have been assisting me with the El Reno infringements. All of my El Reno footage was timely-registered with the US Copyright Office, and we have the full strength of the law behind us for court costs, attorney's fees and statutory damages.
To the reposters and infringers, the choice is up to you on what happens from this point forward. I'm giving you a fair and reasonable warning of what is coming. Please make it easier on everyone - particularly the families of those lost in the tragedy - and just don't post the still images of the Twistex car from the rear camera.
I will not be making any profit from the rear camera Twistex images or the legal judgements regarding the reposting of them. Most of the revenue that generates will go to pay the massive amount of costs regarding the takedowns and lawsuits against the reposters (agency/court costs and attorney's fees). Anything that is left over will be going to the families, not to me.
For more information on this issue, please read my in-depth page explaining the devastating impact copyright infringement is having on my operations.
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