Uri Geller Twists Facts on YouTube Copyright Claim, EFF Predicts His Downfall

Now that Google owns YouTube (affectionately known as 'GooTube' to many) and it's watching its back on copyright infringements, the DMCA (Digital Media Copyright Act) is being put to good use. Under the DMCA, copyright owners can submit a takedown notice if they feel their intellectual property is being used without permission. Generally, YouTube removes potentially illegal videos before investigating the matter- the 'better safe than sorry' strategy.

Back in March, famous Spoon-bending Israeli 'psychic' Uri Geller, and his company Explorologist Limited, submitted a takedown notice for a video posted by someone under the username 'Brian Sapiens', on behalf of the 'Rational Response Squad'. The video was a 14 minute segment from a PBS episode of the documentary program NOVA called "Secrets of the Psychics", and included a clip which Explorologist claims is their intellectual property, and has been used without permission. The video was removed and Sapiens' account was suspended for two weeks, until he submitted a counter-notice arguing that it did not, in fact, constitute copyright infringement.

The Rational Response Squad is a group of people on YouTube that seek to debunk what they consider to be 'irrational beliefs' - this includes psychic frauds, etc. Uri Geller, as you might remember, is a telekinetic psychic who is famous for publicly bending spoons and predicting images that have been drawn on paper. His abilities have been criticized a number of times, namely by scientists and Magicians who can replicate his feats using illusion and sleight of hand.

The segment in question, ironically, is predominantly video of Uri Geller's most difficult rival James Randi, explaining how Geller's spoon bending could be done via trickery and misdirection. James Randi has gone to great lengths in the past to debunk Uri Geller and other types of fraud (like televangelist Peter Poppoff), and even published the book "The Truth About Uri Geller". But curiously, Explorologist Ltd was only concerned with a 10 second clip from a 1987 British charity show.

Now, however, Uri Geller and Explorologist are facing a lawsuit from the EFF (the Electronic Frontier Federation) on Sapiens' behalf arguing that Uri Geller's 'baseless copyright claims' misused the DMCA for the purposes of eliminating content criticizing his abilities. They're also claiming that only 3 seconds of video are Uri Geller's IP, and therefore fall into the category of fair use (called 'Fair Dealing' in the UK). The EFF is seeking damages.

Undeterred by skepticism (as usual), Explorologist's lawyer issued a Press Release stating "The bottom line is Sapient did not ask for permission to use the copyrighted video--he does not own the portion of the video that deals with Dr. Hughes. It is important to note this was not the first YouTube complaint against Sapient."

Explorologist has subsequently filed their own lawsuit against the poster of the video, for copyright infringement.

This is also not the first time Uri Geller has sought damages or made bizarre claims- he has also, in the past, sued Nintendo for creating Pokemon in his likeness, and sued Ikea for selling a stool with twisted legs called the 'Uri' (both suits unsuccessful). In 1998, Geller even complained about "Secrets of the Psychics" to the Broadcasting Standards Commission, citing that the video gave unfair treatment to his 'abilities'. The complaint was ignored.

James Randi, the famed psychic debunker in the video, seems to agree with the EFF, as commented on his website, randi.org: "What I'm getting at here" said Randi. "is that Geller has no copyright on any of that material, and YouTube should not have so easily responded to the demand by 'Explorologist Limited' to withdraw those video clips."

Ironically, James Randi has taken it upon himself to host several videos of Uri Geller on his website, including the one under dispute.

The Electronic Frontier Foundation exists "to confront cutting-edge issues defending free speech, privacy, innovation, and consumer rights today" by recognizing situations in which policies are being abused in order to restrict free speech. Earlier this year, the EFF called Viacom on a notice to have a parody of the Colbert Report removed from YouTube, and has already successfully won a case against Diebold Inc. in which copyright claims were used to silence information leaks about flaws in their voting machines. Diebold Inc. was required to pay $125, 000 in damages and fees.

Says EFF lawyer Marcia Hoffman, "Uri Geller may not like it when people question his paranormal abilities. However, he is not allowed to stifle public criticism by misusing the law."

Under American law, a copyrighted work can be used for the purposes of criticism, comment, news reporting, teaching, scholarship or research, without threat of legal action, under the category of fair use. However, in Uri Geller's resident country England, the restrictions for fair dealing are much tighter and require acknowledgment of the owner of the work.