If you haven’t seen a Downfall spoof, or you don’t know what I am talking about, you are not meme-educated enough to keep reading. Go to YouTube, and search for “Hitler” and “Downfall.” Watch a few videos and come back.
For the rest of you, come over this way… I got the greatest Downfall video ever. Yeah, right here!
It seems that the producers of Downfall, Constantin Film Produktion GmbH., have been sending DMCA notices to YouTube to get them taken down. SIE SIND ASSHATTEN!!!
These notices should be responded to with a 512(f) suit, as these videos are fair use (and even a moron in a hurry would know that). Not only that, they are great marketing for the original film… as Mr. Hitler seems to have figured out….
Of course, here is one where Hitler is actually sending out the DMCA Notices. Maybe this one is the most awesome one ever.
Thilo, if you’re reading, will you write something to the producers in German in terms they can understand? Seriously, Constantin Film Produktion GmbH. has been getting every Downfall spoof taken off of Youtube. WTF is with you people?
H/T Coleman
Oh, and for the record, “Hitler finds out that Santa isn’t real” is the funniest Downfall spoof ever.
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October 24, 2009 at 8:12 pm |
That is fucking awesome and made up for my terrible day. :)
October 24, 2009 at 9:02 pm |
[...] is no secret that there are many Hitler Downfall parodies. The film makers are trying to stop them though a prominent First Amendment attorney says that this is “fair use”, pointing out that these parodies not only don’t hurt the film, but actually help [...]
October 25, 2009 at 12:03 am |
Laugh-out-loud funny….again!
October 25, 2009 at 8:36 am |
Also, check out the original meta-Downfall parody, “Hitler Is A Meme”:
http://sean-o.com/hitlermeme
Can’t believe I wrote this a year and a half ago, and Hitler is still getting upset over Balloon Boy.
October 25, 2009 at 10:41 am |
There is no such thing as fair use in Germany, unfortunately. The requirements for legal reuse are a lot stricter. IANAL, so I can’t say anything conclusive about Downfall parodies, but see for example films/albums etc. in the German Wikipedia, which are all lacking cover images for precisely this reason.
Since Google is also operating out of Germany, if Constantin Film is trying to get those clips removed through German legal channels, Google may find it less troublesome to just follow their requests rather than putting up a fight.
October 25, 2009 at 10:46 am |
Ahhh…. very interesting. So perhaps the producers are using some German analogue to the DMCA?
That still doesn’t change the fact that the take down notices are stupid from a marketing perspective — but it might explain YouTube’s lack of a spine.
October 25, 2009 at 12:32 pm |
Marc:
I would LOVE to write to Constantin Film. What a bunch of idiots… Let me have call you next week and lets talk about what exactly I/we should tell them…
Best from sunny Madison, CT
Thilo
PS: Watching the Pats playing in Wembley right now…
October 28, 2009 at 8:43 am |
Too funny!
And yes, what a bunch of idiots.
October 30, 2009 at 1:09 pm |
[...] Welch’s thoughts on PTO fraudMichael FEigin on Thoughts on Welch’s thoughts on PTO fraudHitler on Fair Use and Viral Marketing « The Legal Satyricon on Hitler on copyrightRon Coleman on Tackiness not grounds for refusal to registerRon Coleman on [...]
October 30, 2009 at 1:30 pm |
Another great post, Marc. My favorite Downfall parody, still, as a Green Bay Packer Fan, is Hitler reacts to Favre’s move to the Vikings. http://www.youtube.com/watch?v=vDhD7ekiQPY
As a parody, it fails because it doesn’t satirize the original work, ala The Cat NOT In The Hat!”, but I agree fair use would be a good argument.
October 30, 2009 at 2:26 pm |
Right, but these two in this post actually satirize the owner of the work… I think those clearly pass the Acuff Rose test, nay?
October 30, 2009 at 3:22 pm |
Right, I just meant the Favre one wasn’t a true parody of the original work. These are.
October 30, 2009 at 3:34 pm |
Yup… although I have always thought that the 9th Circuit’s “parody is okay, but satire is not” distinction was bunk. Nevertheless, here we are…