After Faith Goldy, a Canadian political and social commentator, attended CPAC and recorded videos for VDARE revealing the extent the corporate interests of the Republican Party are represented at the event, the organization sent VDARE notice to take the videos off YouTube for supposed copyright infringement.
In documents provided exclusively to National File, The American Conservative Union sent a notice of trademark infringement to VDARE for using the CPAC logo in several videos and interviews recorded by Goldy. The logo is visible in the background of the videos, as was the case for every major outlet who attended and recorded videos at the conservative event.
Goldy’s videos for VDARE exclusively focus on CPAC limiting conversation surrounding limiting immigration, and the organization views the ACU’s letter as an attempt to stifle dissent surrounding the conservative conference and to protect the corporate interests of the ACU.
“A number of videos you have posted on your Youtube [sic] channel contain representations of the CPAC logo, and thus, violate our intellectual property rights,” wrote ACU attorney David H. Safavian. “It is in our best interest to have this issue settled amicably, so as to avoid further legal remedies as provided under state and federal laws.”
ACU then demanded VDARE remove all videos of Goldy conducting interviews at CPAC within two weeks or face legal action.
“You are hereby requested to remove any and all videos from Youtube [sic] that infringe upon our trademarks,” Safavian’s letter continued. “If you fail to comply,” he wrote, “we will have no choice but to pursue all legal causes of action, including the filing of a lawsuit to protect our interests.”
Rather than submit to ACU’s demands, VDARE’s attorney replied with a notice informing ACU that the videos constitute fair use.
“The videos in question were shot at the 2019 CPAC conference,” wrote VDARE attorney Frederick C. Kelly. “Each comments specifically on CPAC, taking the conference to task for placing the interests of CPAC’s corporate donors above the interests of American workers in limiting immigration.”
Kelly then explains the existence of fair use law to the ACU lawyer, and insists that VDARE will not remove the videos from YouTube.
“The videos in question each contain on-the-ground reporting from the 2019 CPAC conference. Each vigorously criticizes CPAC for silencing and deplatforming immigration restrictionists,” the letter goes on. “Any claim that VDARE’s videos do not qualify as ‘fair use’ is thus frivolous.”
Kelly goes on, “VDARE will not take down the videos. We look forward to defending against any frivolous lawsuit that you might file.”
Speaking to National File, VDARE founder Peter Brimelow says the letter and threat of action on behalf of CPAC represent “part of the Ruling Class effort to repress dissent.”
Brimelow also told National File that since their attorney responded to ACU’s letter they have not received a response or legal action from the organization.