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October 3, 2020 01:00 pm

Nikola Issues Copyright Takedowns Against Critics Who Use Rolling-Truck Clip

An anonymous reader quotes a report from Ars Technica: Nikola has issued copyright-takedown notices targeting critics on YouTube who used clips of the promotional video in which a Nikola prototype truck was seen rolling down a hill. Nikola last month admitted that the promotional video of a supposedly functional Nikola One electric truck moving along a highway actually consisted of the company's vehicle rolling downhill. This week, Nikola "forced the removal of several critical videos from YouTube, saying they infringed its copyright by using footage from the company," including the truck-rolling-downhill video, the Financial Times reported yesterday. Sam Alexander is one of at least two financial commentators who had videos removed by Google subsidiary YouTube at Nikola's request. He says that four of his videos were taken down. "The claim is from when I showed 30 seconds of their Nikola One in Motion footage, which is what they put on Twitter and it's of their Nikola One rolling down the hill," Alexander said in a YouTube video he posted Wednesday. Alexander said he believes his videos should be protected as fair use under YouTube's policies. He used the 30-second clip of the Nikola One in videos that lasted 10 minutes or more, he said. Alexander said he put the words "Source: Nikola" in the corner when he played the truck clip and played his own audio over the clip. Nikola appears to claim that YouTube is the party that initiated the video-removal process. "YouTube regularly identifies copyright violations of Nikola content and shares the lists of videos with us," a Nikola spokesperson told Ars. "Based on YouTube's information, our initial action was to submit takedown requests to remove the content that was used without our permission. We will continue to evaluate flagged videos on a case-by-case basis." YouTube contradicted that claim, saying the company took advantage of the Copyright Match Tool that's available to people in the YouTube Partner Program. "Nikola has access to our copyright match tool, which does not automatically remove any videos," YouTube told the FT. "Users must fill out a copyright removal request form, and when doing so we remind them to consider exceptions to copyright law. Anyone who believes their reuse of a video or segment is protected by fair use can file a counter-notice."

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