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by Online Editor | Scotland

on Aug 15

Free publicity? No thanks, we're not interested

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Here at marketingmag.com.au we're focused on trying to bring the Australian marketing community great content in the form of news articles, blog posts and marketing-related videos. If it's relevant to marketers, we'll be looking to get it onto the site.

So we were excited to hear about the unofficial Guinness Viral video ad, which was running on YouTube. It's funny, risque, creative and entertaining, so it was an easy decision for us to take that content and bring it to you. After all, we want to make you laugh as well as think, and we knew this ad would do just that.

So it's sad then that Diageo, the parent company for Guinness don't seem to feel the same way about our community. They've decided that they don't want this unofficial viral to be shared and discussed by industry professionals, and so they've issued a 'Cease and desist' notice to YouTube, who in turn have pulled the video from our channel.

This is the text of the email I received from YouTube, and the actual email is pictured at the bottom of this post:

Dear Member,

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Diageo, PLC claiming that this material is infringing:

Fake viral Guinness ad: http://au.youtube.com/watch?v=Ul6urerK5BQ

Please Note: Repeated incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to prevent this from happening, please delete any videos to which you do not own the rights and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, please go to our Help Centre to access the instructions.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,

YouTube, Inc.

Hmmm. I understand how the person that originally created the fake viral ad might well be sanctioned for copyright infringement, but I think it's getting a little heavy handed to clamp down on us. I made it very clear in the title of the video that this was a fake viral ad, not produced or endorsed by Guinness.

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3 Comments

  • Wrote on 12 Dec, at 04:46PM
Looks like you can have FREE publicity or you can have CONTROL over your publicity. But you can't have both.
  • Wrote on 31 Mar, at 12:50AM
Maybe their trying to get more publicity by hunting down everyone that posts the video? After all, you just made another headline for them on this site. If they are, its working, isnt it?
  • Wrote on 11 Jun, at 02:07PM
interesting that it is being hosted on you tube - and then not. whatever happened to free speech, having a joke, enjoying life? I enjoy seeing ads made by companies with a sense of humor. I probably buy their products as I have a positive experience.
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