Q: Is there any civil liability for target corporation demanding me to take a video down I own?
So I produce content for a living. I recently got a email from a Target corporation attorney demanding I remove the video, because of a few comments made by viewers in the comment section. I own the rights to the video. The video is currently private until this is resolved. It seems like they are just harassing me because if you search YouTube for police body camera videos at target store. There are thousands of them and I’m losing revenue because of it. Is this a violation of my rights?
A:
Based on the situation you've described, Target's demand appears questionable since you own the rights to your video content. Simply having viewer comments that Target disagrees with typically wouldn't give them legal grounds to force removal of your entire video, especially if the video itself contains no defamatory or illegal content.
You might want to review Section 230 of the Communications Decency Act, which generally protects content creators from liability for third-party comments. Additionally, if your video shows publicly visible areas of Target stores or includes fair use footage, Target's demands could potentially infringe on your First Amendment rights as a content creator.
Consider sending a response letter asserting your rights and pointing out the numerous similar videos that remain online. You might also benefit from consulting with a media rights attorney who can review the specific details of Target's claims and help protect your content and revenue stream. Remember to save all communication from Target's attorneys and document any financial losses you experience due to making the video private.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.