Dad of reporter shot dead on TV is trying to turn clip into NFT to scrub it from the internet

The father of a reporter shot dead by a disgruntled ex-colleague during a live broadcast is trying to turn the clip into a non-fungible token (NFT) as a Hail Mary effort to remove it from the internet.

Andy Parker, whose 24-year-old daughter Alison Parker was killed in 2015, has taken multiple approaches to scrub the video from social media sites such as Facebook and YouTube, where it has garnered thousands of views and is still being shared six years later.

He hopes claiming ownership of the video as an NFT will potentially give him more power against big tech companies allowing the video’s circulation, calling the move an ‘act of desperation’ when he exhausted most other methods, he told the Washington Post.

The 17-second clip, filmed by Alison Parker’s cameraman Adam Ward, 27, began with a light-hearted segment for local Virginia station WDBJ-TV that turned deadly when former co-worker Vester Lee Flanagan II, 41, shot them dead and went on the run before committing suicide.

Andy Parker (above right), whose daughter Alison Parker (left) was killed on live TV in 2015, is trying to turn the clip into a non-fungible token (NFT)

Parker hopes the move will allow him to finally scrub the video from social media, where it is still being shared six years later

Parker created an NFT of the footage aired on WDBJ-TV in December on the crypto asset app Rarible

The footage shows the look of horror on Parker’s face as gunshots ring out and the camera falls to the floor, revealing the killer standing over Ward, pointing a gun at him. A producer finally cut the feed broadcasting the ambush on live TV, returning to the stunned news anchor back in the studio.

Flanagan, a former general assignment reporter at the network, also filmed his attack using a GoPro and uploaded it that day on social media. It shows his arm outstretched in front of him pointing a gun before opening fire as Parker tries to flee before being shot. 

Gardner was also shot and injured in the attack but survived.

Facebook and YouTube said they have taken down thousands of videos users have shared of the murder. Parker said he has also been given assurances from top executives that all copies of the footage would be removed.  

Parker, 68, acknowledged that his effort to turn the clip into an NFT puts him in ‘uncharted waters,’ but told the Washington Post that ‘in lieu of co-copyright, this is the only thing that we can do.’ 

Alison Parker, 24, and her cameraman colleague Adam Ward, 27, (pictured together) were shot dead live on air by their former coworker Vester Lee Flanagan II in 2015

Parker has made several attempts to take the footage off social media and called his NFT move an ‘act of desperation’ when he exhausted most other methods

An NFT, short for non-fungible token, is a unique digital token encrypted with an artist’s signature and which verifies its ownership and authenticity.

NFTs can represent ownership of digital assets, including images, video, music, trading cards, cryptocurrency wallet names and even land within online virtual worlds.  

Recently, nearly 20 posts were up on Facebook that contained a version of the shooting footage either from Ward’s camera or the gunman himself, according to a review from the Washington Post.

Engagement on the videos ranged from a few hundred to tens of thousands of views, with one post racking in over 115,000 views and over 1,000 likes since being posted on August 2015. Facebook removed all 20 posts when they were flagged by The Washington Post.

‘We remain committed to removing violent footage filmed by Alison Parker’s murderer, and we rigorously enforce our policies using a combination of machine learning technology and human review,’ YouTube spokesperson Jack Malon told the news outlet in a statement.

YouTube’s policies include banning young users from watching graphic content instead of removing videos if they contain ‘sufficient’ educational material, such as news broadcasts, the spokesperson added.

Facebook bans all content depicting a shooting from any angle, with no exceptions, Meta spokesperson Jen Ridings told the Washington Post.

‘We’ve removed thousands of videos depicting this tragedy since 2015, and continue to proactively remove more,’ Ridings added and said that they ‘encourage people to continue reporting this content.’

Despite their internal policies and Parker’s requests to remove the videos, social media companies are protected from lawsuits over graphic content on their platforms through Section 230 of the Communications Decency Act.

Copyright of the footage currently belongs to WDBJ-TV’s parent company Gray Television, which refused to hand it over 

Kevin Latek, Gray Television’s chief legal officer, told the Washington Post that the murder itself happened off screen

But Parker could sue platforms allowing the video’s circulation if it infringes on copyrighted material, which experts say is the best course of action for Parker to remove the videos.

‘For victims of horrific images being distributed on the Internet generally, unfortunately and inappropriately copyright does end up being an effective tool,’ Adam Massey, a partner at C.A. Goldberg, PLLC – the law firm that advised Parker – told the Washington Post.

‘In the early days, there were folks, mostly women, who were having to register their copyrights of their nudes with the government to try and get them taken off websites. Part of the logic is that, if you have the copyright, you can more effectively advocate with the platforms for their removal,’ Massey added.

Lenny Pozner, whose son Noah Pozner was murdered in the 2012 shooting at Sandy Hook Elementary School, has filed hundreds of copyright claims to scrub photos of his son from websites that were spreading conspiracy theories about the massacre.

Copyright of the footage of Alison Parker’s murder that aired on WDBJ currently belongs to the news station’s parent company Gray Television, which has refused to hand ownership of the video to Parker.

Kevin Latek, Gray Television’s chief legal officer, told the Washington Post that the murder itself happened off screen and the “video does not show the assailant or the shootings during the horrific incident.”

Latek added that the Gray Company has “repeatedly offered to provide Mr. Parker with the additional copyright license” to demand social media platforms remove the shooting footage “if it is being used inappropriately.”

The shared license also includes a partnership with Pozner’s HONR network, a nonprofit he created to assist victims of harassment and hate online. 

‘By doing so, we enabled the HONR Network to flag the video for removal from platforms like YouTube and Facebook,’ Latek said.

But Parker and his legal advisers say that the usage license doesn’t give them enough power to force social media companies to remove any footage when they see it.

Parker went around Gray Television by using the license to create an NFT of the footage in December on the crypto asset app Rarible. 

Flanagan pictured holding an automatic gun in a gun shop. He took to Twitter to air his grievances against the reporter and cameraman after ambushing them

Flanagan went on the run before turning the gun on himself as police tracked him down. His car is pictured above after he was located around five hours after the shooting 

‘While we have provided usage licenses to third parties, those usage licenses do not and never have allowed them to turn our content into NFTs,’ Latek, who was not aware of Parker’s NFT, told the Washington Post.

Following the news outlet’s report on the issue on Tuesday, Rarible temporarily blocked access to Parker’s NFT without explanation. 

The app said on its website that it will ‘immediately remove’ content that might violate copyright laws and may temporarily block or hide an NFT ‘when a digital asset violates copyright laws, regulations or community guidelines which Rarible abides by.’  

Amid the row over ownership of the clip, Latek claimed that Parker made false statements about Gray Television and left ‘threatening and harassing voicemails for Gray Television employees at all levels,’ he told the Washington Post. 

Gray Television has also hired Breakwater Strategy, a communications firm, to work on any issues pertaining to Parker. 

Even if Parker had ownership of the footage owned by Gray Television, however, his copyright wouldn’t cover any posts sharing the footage take by the shooter himself. 

Four months ago, Parker filed a complaint with the Federal Trade Commission (FTC) to hold Meta accountable for still allowing the video to circulate on its platforms. He accused the company of profiting from the footage of his daughter’s murder.

‘Posting content, violent content and murder on social media is not free speech, it’s savagery,’ he said in October 2021.

‘And as you all know, Alison’s murder shared on Facebook, Instagram and YouTube is just one of the egregious practices that are undermining the fabric of our society.’

‘The reality is that Facebook and Instagram put the onus on victims and their families to do the policing of graphic content – requiring them to relive their worst moments over and over to curb the proliferation of these videos,’ Parker said in the complaint, filed by Parker and attorneys with the Georgetown Law Civil Rights Clinic.

The complaint said Facebook is engaging in deceptive trade practices by violating its own terms of service and misrepresenting the safety of the platform and how hard it is for users to get harmful content removed.

Parker also said he ‘cannot stand the thought that videos of his daughter’s murder are being used to promote dangerous conspiracy theories, for monetary gain, or simply for pleasure or shock value.’

At the time of the shooting, conspiracy theorists shared the footage claiming it was a hoax.  

Parker also listed reforming social media as one of his priorities when he said late last month that he will run as a Democrat in Virginia’s 5th District against Republican freshman Congressman Bob Good. 

‘This district is not being represented the way it should be,’ Parker told CBS News late last month.

‘Since Alison was killed, I’ve always tried to honor her life through action. Given the atmosphere we face right now, this is the time to jump in and make a difference.’

Parker has become a huge advocate for gun control, in addition to rallying to reform laws like Section 230. He said he wanted to take his fight for social media reform to Congress after exhausting his options as a private citizen.

‘It’s tough for anybody, for one out of four hundred plus members to do anything. But I think I’ve got a better chance at pushing that issue,’ he said.

Parker said he is is ‘absolutely prepared’ for his daughter’s murder to be brought up during his run.

‘Nothing that they can do or say compares to losing your child, to losing your hopes and dreams,’ he said. ‘There’s no candidate that I’m aware of running for Congress that has a running mate. Well, I do. And she’s going to be with me every step of the way.’