We talked Wednesday about the testimony in favor of a bill specifying “crimes against an unborn child,” Colorado House Bill 12-1130, in the House Judiciary Committee from one Bob Enyart of Colorado Right to Life. In that discussion, we juxtaposed Enyart’s comparatively mild testimony in favor of HB-1130, noting the “abortion neutral” language and scoffing at opponents’ “hyper-concern” over the possibility the bill could be a step toward outlawing abortion, with comments from his own talk show arguing that women who have abortions should be “put to death.” We reposted an excerpted version of this Youtube clip of Enyart’s remarks.
Yesterday, we were notified that our video clip was being removed from Youtube:
We have disabled the following material as a result of a third-party notification from Bob Enyart Live, Inc. claiming that this material is infringing:
Bob Enyart on women, abortion, and the death penalty
Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account…
Now folks, what we did was edit a four-minute publicly-available Youtube video clip of a much longer program down to the relevant minute or so of footage for our purposes. It’s a perfectly acceptable fair use of that video. But since Youtube’s policies on this sort of thing don’t really favor our position, we simply extracted the audio from this clip into a convenient .MP3:
Can’t see the audio player? Click here.
Note we’ve further edited the original to include a clear “beep” between the two segments we clipped. At a mere 550k, it’s easy for us to host this audio clip right here, no Youtube necessary! If you’d like to download the file at absolutely no charge, and under the circumstances we’d say please go ahead and download it, right-click here and select “save as.”
And just so we’re all clear on what Bob Enyart of Colorado Right to Life is saying in this apparently extremely valuable intellectual property, here again is our transcript:
CALLER: Do you think women who have an abortion should have the death penalty, and if so, could you give me like one or two Scriptures in the New Testament…
ENYART: Alright. Uh, yes, but ex post facto law is wrong…
So, do we have to put 30 million women to death? No. But we say, like in Colorado–Colorado, the law was, abortion equaled manslaughter. And Colorado did arrest and prosecute, convict and punish at least one man that I know of for manslaughter because he performed an abortion. So it should be murder, abortion on the law should be murder, and if you commit murder you get put to death. And if the woman is a willing accomplice, she also would be put to death. As a result, literally, no one, you’d go many years and there’d be no abortions at all. [Pols emphasis]
CALLER: Yeah, that makes sense.
ENYART: There might be one abortion in years. And you find those people and you put them to death, [Pols emphasis] and as a result, you would save the lives of thousands of thousands–millions of innocent children.
Bottom line: it’s our opinion that our display of this freely-available material, properly excerpted and cited, amounts to fair use under federal copyright law. Beyond that, we believe the statements of CRTL spokesman Bob Enyart, calling for women who undergo abortions to be “put to death,” should be widely disseminated in the public interest–at least as long as Mr. Enyart sees fit to testify in favor of legislation regarding “crimes against unborn children.”
And we won’t be taking down the audio clip, folks. If Mr. Enyart wants, he can learn the hard way how misusing copyright for censorship has a tendency to backfire.