News: YouTube has removed Smosh’s mega-popular “Pokemon” video after receiving a copyright DMCA notice from Shogakukan Production Co. Ltd. The Pokemon video was the 4th most watched video ever on YouTube, with over 24 million views. To my knowledge, this is the most popular video ever removed by YouTube under a DMCA notice. By the way, if you don’t know who “Smosh” is, it’s a pair of 20-year-olds Anthony Padilla and Ian Hecox. They are the No. 1 Most Subcribed Director on YouTube, and they have the Most Views All-Time on YouTube of any amateur or user-generated content. Smosh, in other words, is the top of the heap at YouTube.
Analysis: This is a close, perhaps questionable, call. The Smosh boys did use the “Pokemon” theme song for their video, but they seemed to me to be parodying the whole Pokemon character, with a pretty over-the-top lip synch and use of Pokemon stuffed animals.
A parody fair use is permitted under copyright law, the only question is whether too much of the copyrighted work is taken. Unfortunately, that question is determined on a case-by-case basis. And, in this case, YouTube appears not willing to risk falling outside the DMCA safe harbor, so it chose to follow the more expedient path under the DMCA of taking down the video.
If you want to see if the video should be considered a parody fair use, I believe a version is still up on Veoh and probably elsewhere on the Internet.
June 14, 2007 at 4:25 pm
[...] Japanese CopyNazis: Up Yours And In Your Face! YouTube takes down popular Smosh Pokemon video News: YouTube has removed Smosh’s mega-popular “Pokemon” video after receiving a copyright [...]
October 4, 2007 at 1:21 am
You can watch it on there w ebsite, and its still on youtube, just not on the smosh account.
November 11, 2007 at 6:02 pm
I too know what it’s like to have a video removed for copyright.What is YouTube coming too what would happen if smosh got another theme music video removed?
November 24, 2007 at 12:56 am
SCREW THE POKEMON PEOPLE, SMOSH OWNS THEM ALL!!!!!!!!!!
December 4, 2007 at 3:26 pm
U can still watch the videos, its just been removed form thier account, and up yours Pokemon people
April 1, 2008 at 6:33 pm
April Fools!
April 1, 2008 at 8:52 pm
The Japanese do ripoffs of American shows all the time and nobody sues them! This clearly falls under parody use, I mean, at no point in the video did they claim to own Pokemon.
April 2, 2008 at 12:59 am
this is so incredibly stupid
the video was only removed because it was popular
japanese jerks would never have done anything if the video was unpopular
May 9, 2008 at 1:35 pm
Actually Monica they did - the same Shogakukan bastards took down one of my Pokemon parody videos (in which I voice over clips of an episode) that only had 22 views. Sure I was actually using episode clips and not just a SONG (now that is just ridiculous) but they don’t seem to care about any of the other more popular Pokemon abridged videos out there NOW DO THEY?!
July 13, 2008 at 3:10 am
The video is available on their website. but I make Pokemon fusions, my first 3 got taken off 2 weeks after they were uploaded. the views were 98, 19, and 189.
September 13, 2008 at 11:57 pm
Stupid…smosh is so awesome. that was a stupid thing to do.
September 14, 2008 at 2:30 am
omg this is so stupid and by the way Shogakukan is the one who sued so get mad at them!!!
October 13, 2008 at 11:10 pm
this is really old…but that sucks…..smosh is the greatest! SMOSH PWNS ALL MWAHAHAHAHA!