Hitler Parodies on YouTube: Fair Use or Copyright Infringement?

Yesterday, MSNBC.com reported that YouTube began removing videos that parody a scene from the German movie, “Der Untergang” (US Title: Downfall). According to this report, the production company, Constantin, has removed the movies due to copyright infringement. YouTube has a Content I.D. System which allows the owners of copyrighted materials to remove content on its site that contains the copyrighted materials. The report noted, however, that the clips, which add humorous English subtitles to the scene in which Hitler realizes Germany has lost the war, potentially consitute fair use. The film is in German, but the English subtitles parody the intensity of the scene. One of the videos title helps explain the sense of parody: “Hitler finds out Tony Romo dumped by Jessica Simpson.” Perhaps, for YouTube, it is easier to simply follow its policy than to worry about the popularity and fair use value of the clips.