Brave New Films produced a video, titled “Michael Savage Hates Muslims,” that criticized radio host Savage’s treatment of Muslims on his show. The video used clips of Savage’s show to illustrate its point—a paradigm case of fair use. Savage’s nationwide syndicator, Original Talk Radio Network, issued a takedown notice to YouTube regarding the video. The Fair Use Project, along with co-counsel Bingham McCutchen, sued OTRN and Savage to recover damages for the misrepresentations made in connection with the wrongful removal of the video from YouTube, and declaratory and injunctive relief to vindicate BNF’s right to say what it said about Savage in the video, and prevent the suppression of the video in the future. After we filed suit, OTRN publicly acknowledged that it made a mistake by asking Youtube to remove the video.
