Tom Brady: Cease and desist with the cliff diving video

[ifmanis5]

We just got word from Tom Brady's people that we are not to use the cliff diving video ever again. They will threaten legal action to any media outlet who uses it again without their expressed prior permission. Fair use (which is what most media outlets went with to show it the first time) will not be allowed going forward. We have been warned.

 

[touchstone033]

You mean this one?

 

[NortheasternPJ]

Wasn't April fools yesterday?

 

[Reverend]

Fair use . . . will not be allowed going forward. 

 
<_<

 

[nattysez]

We just got word from Tom Brady's people that we are not to use the cliff diving video ever again. They will threaten legal action to any media outlet who uses it again without their expressed prior permission. Fair use (which is what most media outlets went with to show it the first time) will not be allowed going forward. We have been warned.

 
That's not how fair use works.  Him (one would argue) endangering himself cliff-jumping is a newsworthy event, which qualifies it for a fair use exception for any news-related uses.  But if he wants to throw money away paying lawyers to file lawsuits he will lose, be my guest.  

 

[theapportioner]

So we are not allowed to link to/embed it in a post? Or does it mean we can't download it and post it elsewhere (like on Youtube)?

 

[ifmanis5]

Wasn't April fools yesterday?

The video was posted on his Facebook earlier than that.
I'm guessing he wants to drive more traffic to his page rather than sharing so he has an exclusive on his own video.
Not sure if this applies to other web outlets (probably not) but it does to Broadcast entities.

 

[nattysez]

So we are not allowed to link to/embed it in a post? Or does it mean we can't download it and post it elsewhere (like on Youtube)?

 
Linking/embedding is not a (c) infringement.
 
Posting the video anywhere is an infringement of the original owner's (c) unless you can claim fair use (i.e., newsworthy content).  Just uploading the raw video might not qualify if you couldn't show you were uploading for news purposes, but including the video within a video you make commenting on Brady would be OK.
 
But, of course, you should consult with your own IP attorney before doing anything...

 

[Lose Remerswaal]

So we are not allowed to link to/embed it in a post? Or does it mean we can't download it and post it elsewhere (like on Youtube)?

 
If "We" is a media outlet, then probably not.  If "We" is some website fanboy, don't worry about it