With the lead-up to the 20th anniversary of the German TV show Alarm für Cobra 11: die Autobahnpolizei, a fan group I run—the largest unofficial community on Facebook for the series—has been the subject of a Blitzkrieg by RTL. Trailers, which made up the majority of the uploaded videos, are indeed copyrighted material, but have resided happily there since 2008. But in their determination to have every video cleansed from Facebook, individual members’ copyrighted material, as well as videos that do not even belong to RTL, have been the subject of their claims.
As someone who is usually on the complainant’s side in DMCA cases, I have a lot of sympathy for their position—but I’ve never gone to a website to lay claim to material that isn’t ours. You would think that a company as well resourced as RTL would be able to tell the difference, if a far smaller firm like ours can, but it appears there are keyboard warriors even in the largest TV networks. A reply, therefore, is needed, and it’s going to be a nice weekend sans Facebook, where I have been barred for three days without their usual counterclaim procedure operating. Luckily, I had set up a back-door account to administer pages and groups, after Facebook’s anti-malware malware incident, which is practically all I do there these days anyway.
Ladies and Gentlemen:
Today we note that all videos uploaded to the largest Facebook group about the TV series Alarm für Cobra 11: die Autobahnpolizei (https://www.facebook.com/groups/autobahnpolizei/) have been the subject of complaints by you, causing them all to be removed.
We acknowledge that some of these videos contain content from Mediengruppe RTL Deutschland and Action Concept. They have resided there since 2008 without a single complaint, and the overwhelming majority (over 90 per cent) are trailers that you have permitted not only on this group, but all fan groups.
Our group is non-profit and promotional in nature. Contractors to and employees of RTL and Action-Concept have happily been members for years, so it is clearly known to your organization.
You have also permitted fan edits to your material on YouTube for years, where derivative works have been created and reside.
Derivative works include subtitled, reworked Bulgarian translations to your trailers by Mr Hristian Martinov that feature new graphics, fan edits by Herr Thorsten Markus Grützmacher featuring the history of the series, and fan videos by Herr Stefan Wilke made in 2002 and 2004. Given RTL’s own stance on these elsewhere, principally on YouTube, there is an appalling double standard that you have applied to this Facebook group.
We acknowledge that on a strict legal interpretation, some of these can be subject to your copyright claims and, had we been approached privately, we would have removed them. However, we are deeply concerned over content that Mediengruppe RTL Deutschland falsely and deceptively laid claim to, and is no concern of yours.
You have stated to Facebook that these are videos that you or your organization created. In the cases detailed below, this is not true.
We have two reporting numbers provided to us by Facebook, 1687808734841713 and 235243696819825, although numerous others relating to this group apply.
Among those are videos that you have falsely and deceptively laid claim to include those shot by individual members on set on visits to Action Concept, videos shot privately by Herr Grützmacher while he was contracted to Action Concept, advertisements made by Kia Motors Deutschland GmbH which feature Alarm für Cobra 11 characters, news articles covering Alarm für Cobra 11 that are not owned by RTL but by their respective news networks, and an advertisement for Daimler AG that has no connection whatsoever to Alarm für Cobra 11, Action-Concept, or RTL.
Please be advised that Facebook operates on US copyright law, which the above items do not fall foul of as they relate to RTL; even if they do, they are outside the scope of copyrighted material that you have any authority to file complaints about. The notion of German moral rights in copyright do not apply in the United States in this respect.
Your actions have caused accounts to be disabled and while this may be warranted in the cases that concern RTL material, it is not warranted in cases where you have made false claims to Facebook. Your statements are not only inaccurate in these cases, they are also defamatory in nature and we consider them libellous.
We are prepared to vigorously defend our position.
Nevertheless, we are reasonable, and we propose a fair solution. As there is no way to compile every reporting number over eight years of material that has vanished in the space of 24 hours, we request that all the material you have reported on this group to be reinstated in full. Once that is done, the group’s moderators work alongside you to remove, individually, only the content that belongs to you. Reinstatement should occur within a week of this email, while removal of all RTL trailers, promotional material, and direct clips from the show—the last of which are indisputably RTL copyrighted material—will be done over the following week.
Facebook notes that you are under no obligation to respond. Please be advised that this message will be openly published, and will also be sent to you as hard copy, with other parties cced.
Jack Yan, LL B, BCA (Hons.), MCA
ccs for Action Concept and Facebook, under separate cover
What an innovative way to generate goodwill for a TV series in the days before the network kicks off its 20th anniversary tributes (on March 12).