June 19, 2013

BBC fails in bid to have critical clip removed from YouTube following copyright complaint

The BBC has failed in an attempt to get a critical radio clip removed from YouTube.

The corporation requested that the video website remove the audio, uploaded by Bristol radio station BCFM, for breach of copyright.

In it, BCFM presenter Tony Gosling questioned BBC Radio Bristol’s decision to invite KPMG representatives into the studio for early morning business coverage.

Gosling suggested that the accountancy firm was an inappropriate choice and that journalism jobs may have been lost as a result of using KPMG “volunteers”.

Gosling used an 80-second clip from the breakfast show to illustrate KPMG’s role.

The BBC claimed this clip, and a photograph used to illustrate it in a YouTube video, breached its copyright and asked YouTube to remove it.

YouTube initially took it down but reinstated it when Gosling made a counter notification. The BBC was told that YouTube does not adjudicate on copyright infringement disputes unless put on notice that legal proceedings have been commenced.

A BBC spokesperson told Press Gazette that its copyright complaint has not been retracted but that the corporation has decided not to commence infringement proceedings.

After the initial complaint was made BBC Radio Bristol managing editor Tim Pemberton told Gosling the BBC had made no objection to the “legitimate criticism” in the clip.

But he said the use of copyrighted material was beyond fair dealing defence.

He also claimed that no journalism jobs had been lost as a result of KPMG volunteers being utilised.

Gosling told Press Gazette: “It’s a pity the BBC saw fit to misuse public resources in this case in an attempt to stifle criticism rather than address legitimate concerns over their too close relationship with a wealthy financial institution they should distance themselves from, even be investigating.

“BBC Radio Bristol’s relationship with Hargreaves Lansdown, KPMG and other financial institutions who deliver these daily reports is too close to the sponsorship or advertising precluded by the BBC charter.”