from the WB-execs-say-real-life-story-needs-more-villains dept
Another clear case of fair use is greeted by a major studio with, “Hey, that’s our stuff!” A new campaign from Greenpeace targeting Lego’s partnership with Shell has been nuked from orbit by Warner Bros. Entertainment. The short video depicted a stylized, Lego-built Arctic (complete with Eskimos, arctic wolves and Halo’s Master Chief) being slowly swallowed by oil to a downtempo cover of The Lego Movie’s impossibly catchy theme song “Everything is Awesome.”
You used to be able to watch it on YouTube, where it had racked up nearly three million views before this happened.
Apparently, Warner Bros. Entertainment took issue with the use of the theme song and the inclusion of the two Lego Movie characters (seen briefly near the end of the 90-second video) and issued a takedown. Whether or not you agree with Greenpeace’s complaint, there’s no denying the fact that its use of the theme song and very brief use of these characters is clearly parodic fair use.
Greenpeace has now moved the video to Vimeo, where it will possibly receive a stronger fair use defense from the hosting company, although still in the form of “oblige takedown request first, investigate later.” It may work a little harder to defend this one up front, considering all the viewers that were heading to YouTube to catch Greenpeace’s new viral video are now landing on its doorstep.
Warner Bros.’ action here isn’t exactly censorship (as it probably was agnostic about the video’s message) but it’s not exactly forgivable either. Seeing as this video probably didn’t trigger an automated takedown by YouTube’s content-matching system, it was most likely the result of an active search for infringement, which means whoever’s policing content for WB ignored everything but the song and the brief appearance of its Lego Movie characters. Once again, digital shouts of “MINE!” trump fair use.