Ergun Caner Loses 'Fair Use' Lawsuit In Failed Attempt To Silence Critics
Ergun Caner has lost his lawsuit against a blogger who criticized the Religious Right figure as a fraud, with a federal judge ruling last week that Caner’s case had no merit.
After the September 11 attacks, Caner built a career around his purported conversion from Islamic extremism to Christianity, but his testimony was later exposed as fictitious. Not only did he completely fabricate details about his background — including facts about his birthplace, upbringing, and his family — but he also spoke gibberish during his speeches, which he claimed was Arabic.
Caner led Liberty University’s theological seminary at the time but the university cut ties with him following the revelations and he now heads Brewton-Parker College, which is affiliated with the Southern Baptist Convention.
Ergun Caner, president of Brewton-Parker College in Mount Vernon, Ga., filed a lawsuit last summer claiming ownership of two videos that Smathers posted of Caner speaking as an expert on Islamic culture in training for U.S. Marines preparing to deploy in 2005.
U.S. District Judge Terry Means, however, said Caner failed to make a case and that Smathers used the material fairly, as copyright law permits, for “purposes such as criticism, comment, [or] news reporting.”
“His sole purpose was to expose the inconsistencies in Dr. Caner’s biography and criticize a public figure,” the judge determined. If the unauthorized reproduction of his lectures caused Caner any financial loss, he continued, it was the result of “legitimate criticism” of his words.
The misuse of video “takedown notices” — the same method employed by another Religious Right activist who tried to shut down Right Wing Watch’s YouTube page — was one of the focuses of the trial. As the judge notes in his ruling [PDF], the blogger’s actions are protected as fair use.
In 2013, Dr. Caner filed a “takedown notice” with Viddler.com, claiming that the videos were posted without authorization and in violation of his copyright. Smathers challenged the removal of the videos, which ultimately resulted in the present lawsuit by Dr. Caner, alleging copyright infringement in violation of 17 U.S.C. §§ 106,506.
Smathers claims that he posted he videos featuring Dr. Caner as a religiously based criticism of a public figure and, thus, his posting constituted fair use.
The Court notes that Dr. Caner has apparently conceded this issue since he has offered no argument in his response with respect to Smathers’s assertion of fair use.
Dr. Caner’s concession notwithstanding, the facts of this case support the application of fair use.
The affirmative defense of fair use is codified at 17 U.S.C. § 107 and provides that “the fair use of a copyrighted work, including such use by reproduction in copies . . . , for purposes such as criticism, comment, [or] news reporting . . . , is not an infringement of copyright.”
All of Dr. Caner’s claims of copyright infringement against Smathers are hereby DISMISSED WITH PREJUDICE.
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