Fair Use: What Creators Need to Know
14:32
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@izzy4el
@izzy4el 13 сағат бұрын
Hello Gordon, I'm trying to find out how and where to properly license a theme song for a specific 1970's tv show to use for a weekly podcast. I've had no luck so far. Could you point me in the right direction to research this? Thank you in advance for any and all help! :)
@MissSilencedogood
@MissSilencedogood Күн бұрын
What if I want to keep my name private? how would I go about registering the name without my name being attached to it as people can easily look it up? Do I have to do this through a private co. based in Montana, New Mexico etc.? This is really important because of trolling, doxing and stalking issues that could arise.
@ohdot5443
@ohdot5443 2 күн бұрын
Can you make a step by step video tutorial? Im so confused and am STRUGGLING to find the publishers, copyright owner, master owner ect. ;-;
@MAGICIMAGEHOLLYWOODMAGAZINE
@MAGICIMAGEHOLLYWOODMAGAZINE 8 күн бұрын
Nice
@briancoyne6700
@briancoyne6700 8 күн бұрын
In my experience on KZbin, if the original copyright owner doesn't like your parody (especially if it conflicts with their political views) they will have it taken down. Period.
@gfiremark
@gfiremark 8 күн бұрын
Have you tried a counter notification on fair use grounds?
@briancoyne6700
@briancoyne6700 8 күн бұрын
@@gfiremark Hi. Yes, I have sent out two counter notifications yesterday (one for each video takedown and strike.) I had a big video with 1.2 million views called "Kamla's' a Big Fat Liar". It was a Doors parody of "Light My Fire". I think I used too many seconds of footage from the Ed Sullivan Show of the Doors. But, in the past I would get a warning. The video just got taken down and strike added. Now I have two strikes. I'm hoping one of those counts notifications are successful. My channel is in trouble and I think it's because I'm conservative.
@gfiremark
@gfiremark 8 күн бұрын
@@briancoyne6700 sounds like it wasn’t actually a parody, but a satire. Parody would’ve been making fun of the original song, not a political figure…
@briancoyne6700
@briancoyne6700 8 күн бұрын
@@gfiremark I know that's how you define it in your video but that is not how it's defined everywhere else I go. Weird Al Yankovich made parodies for 35 years and he wasn't mocking or making fun of the original songs--he was "having fun" with them, but he wasn't mocking them. Where did you get that definition if I might ask?
@gfiremark
@gfiremark 7 күн бұрын
@briancoyne6700 weird Al gets permission. I’m not making this stuff up…The LAW defines parody in the way I’ve paraphrased. Read the 2 Live Crew Pretty Woman case for a deeper dive. scholar.google.com/scholar_case?case=16686162998040575773
@TerryPollard-tj2iq
@TerryPollard-tj2iq 9 күн бұрын
Thank you Gordon.
@TerryPollard-tj2iq
@TerryPollard-tj2iq 9 күн бұрын
Hey Gordon, for those who don't have the money to trademark their podcast name, 1. does a common law trademark do anything. 2. If I, was to name my podcast my own personal name for example (Ron Brown) and also use a small "Tagline", would a person be OK with only a common law trademark?
@gfiremark
@gfiremark 9 күн бұрын
Response Video: kzbin.info/www/bejne/jH6sXoWPadmWpK8si=bH3iSZgQ7XRuDs6S
@jinusamyukthap9568
@jinusamyukthap9568 19 күн бұрын
Thank you so much for this video
@gfiremark
@gfiremark 18 күн бұрын
You are so welcome! Thanks for watching
@liscampbell3
@liscampbell3 20 күн бұрын
Thank you for this. Are clergy included in that public figure rule? I have a Catholic priest that I feel emotionally and spiritually abused me. I have tons of emails showing how he doesn’t know how to regulate emotions (my opinion). I feel he is unsafe and people should be warned about him and his community. If I share my opinions, experiences and even shared emails that showed how he spoke to me, is that protected or could there be legal consequences if he wanted try? What if I shared all my experiences naming him and his community in a KZbin channel interview or even in a book? I’m trying to write a book (hopefully I can complete and get published), so I’m so glad I came across your channel for when I will need legal help with that.
@TheCompleteCounselor
@TheCompleteCounselor 20 күн бұрын
It depends on a number of factors. A clergy member COULD be a public figure, but also might not, depending on how well known they are. Best bet is to consult a lawyer specifically to examine this question., OR keep their name out of it.
@liscampbell3
@liscampbell3 19 күн бұрын
@@TheCompleteCounselor Thank you!!
@TerryPollard-tj2iq
@TerryPollard-tj2iq 25 күн бұрын
Gordon, awesome podcast show, thank you so much for the free guide.
@gfiremark
@gfiremark 18 күн бұрын
Glad it was helpful!
@charlessmith263
@charlessmith263 27 күн бұрын
I also recognized the trends in how long music that was copyright-deposited lasts. Usually, this is for the life of the music creator + 75 years. But here comes Sonny Bono, and this means trouble for podcast creators using music - now the copyright extends to the life of the creator + 95 years - so hence, 20 more years tacked on. Keenly, this was because the copyright bigwigs got angry about the "Amen Break" being inappropriately appropriated and disseminated for over 20 years or so, until Zero-G put an end to all of that in that famous drum break by copyrighting that track itself, disappointing the "hip-hop" world of content creators.
@gfiremark
@gfiremark 26 күн бұрын
A bit of incorrect info here. Before the Sony Bono Copyright Term Extension Act, duration of copyright was Life of Author + 50 years. After the Act, it's Life+70 years. The 95-year number only applies to copyright protection for works created under the 1909 copyright act, which originally had a renewable 28-year term. Prior to the Sony Bono Copyright Term Extension Act, those copyrights were extended to a 75-year duration, and after the Sony Bono Copyright Term Extension Act, they received an additional 20 years, to a total of 95 years. (which is why Mickey Mouse (from the original Steamboat Willie film of 1929) just feel into the public domain on 1/1/2024.
@charlessmith263
@charlessmith263 27 күн бұрын
We know that DJs who do podcasts on KZbin try to avoid "copyright strikes" on any copyrighted commercially recorded music that they put on there by "speaking over" the commercially recorded music for educational purposes. But I also know a fair amount about copyright law too, since I had deposited my own music myself to the Library of Congress. We know Section 107 of the Copyright Law allows a podcast producer to play copyrighted music for purpose of scholarship or education. Obviously only a part of it. But get beyond that, then you are running afoul of the law, and the only way out is to get what is called a mechanical license to play such copyrighted material on one's podcasts. Otherwise, the podcaster could be slapped with infringement accusations. There is some leeway here. If you play already-recorded music by record labels on KZbin that are not the bigwigs (BMI, or UMG, or Sony, for instance), and just independent record labels on your podcasts (so mainly DIY-only music), the DIY record labels will not be so aggressive to sue the podcaster because their recorded music is only for a small amount of following--DIY audiences, and not yet mainstream music. That means if you play a whole DIY music track without speaking over it, this will not be picked up by the major record label algorithms (because the indy labels usually do not have such algorithms), and you won't be copyright-struck on KZbin. Also look into Creative Commons if all else fails.
@gfiremark
@gfiremark 26 күн бұрын
Just a minor correction, a "mechanical" license only covers reproduction of the music in "phonorecords" (music recordings without other material). For video, podcasts, and other uses, the creator would need to use a "synchronization" ("sync") license. Unlike mechanical licenses (which are compulsory, and songwriters and publishers may not refuse), a sync license must be negotiated directly with the copyright owners, who are not required to authorize the use at all. also, merely "speaking over" the music that's playing is probably NOT fair use under §107 unless you're talking specifically about the music itself, doing critique, commentary, etc. so most DJ sets are not really covered by fair use (in my opinion). They get away with it because the music labels and publishers have deals with youtube to direct some revenue their way from such uses.
@im-Sara-Jayne.
@im-Sara-Jayne. 29 күн бұрын
This is so scary! And no way in my life time would i watch another movie with a fake johnny depp! Or a a fake any of my favourite actors for that matter! Actors are actors because its their profession. I'm just glad im 45 and had the chance to live b4 the internet! Imagine goung to see a pink floyd concert and none of them even knew about it? Even worse an elvis presley one! Thats just fuct up!
@gfiremark
@gfiremark 18 күн бұрын
Thanks for watching, and sharing your thoughts.
@yvesdelnatte5825
@yvesdelnatte5825 Ай бұрын
Amazing concept! I like!!!! I will suscribe!
@gfiremark
@gfiremark 18 күн бұрын
Thanks for subbing
@gfiremark
@gfiremark Ай бұрын
Register at podcasthon.org/register
@AnythingbuttheNorm
@AnythingbuttheNorm Ай бұрын
Yes, I set my clock and I forgot about it
@gfiremark
@gfiremark 18 күн бұрын
sorry we missed you. we'll be back next week
@CertainExposures
@CertainExposures Ай бұрын
Ahhh, I missed this one. I'll catch you next Tuesday!
@gfiremark
@gfiremark 18 күн бұрын
No worries. see you soon
@paulthepainter2366
@paulthepainter2366 Ай бұрын
Couldn't we at least block specific ads? Progressive for example. If I will never use their services wouldn't it be smarter to play me different ads?
@gfiremark
@gfiremark Ай бұрын
Some media services have a "hide this ad" function that does this... not all
@rottingonion9914
@rottingonion9914 Ай бұрын
I know I’m late but how exactly do you contact an owner, like let’s say I want to use part of an Iron Maiden song in a film and put it on tubi, would I just email them or something?
@gfiremark
@gfiremark Ай бұрын
You’d contact both the record label and the publisher of the composition. Many now have online license request forms. But some still require a written request. They’ll want lots of details about how it’s being used, what’s happening on screen, how long the clip to be used is, etc.
@RollYourRock
@RollYourRock Ай бұрын
3:18
@gfiremark
@gfiremark Ай бұрын
thanks?
@RollYourRock
@RollYourRock 28 күн бұрын
@@gfiremark No! - Thank YOU, Gordon!🙂
@cobyhowarth4178
@cobyhowarth4178 Ай бұрын
Great voice.
@gfiremark
@gfiremark 18 күн бұрын
Thanks! I'm grateful
@GARDAWORLD-o1n
@GARDAWORLD-o1n Ай бұрын
yet we let the gov and minors sign a tuition contract for absurd amounts of money at insane interest rates by the hundreds of thousands.
@gfiremark
@gfiremark Ай бұрын
Yes. Thing is when they disavow the contract, they DO have to give back the benefit/compensation they've received, so loans aren't really that risky for lenders.
@MissingInAmericaThe1st24Hours
@MissingInAmericaThe1st24Hours Ай бұрын
I use pixabay and sometimes I get a copyright on it on KZbin even though I have them attribution
@gfiremark
@gfiremark Ай бұрын
Attribution is just one part of the equation. But if you have the license because you got from pixabay, you should be able to challenge the copyright claims onm YT
@nousername5673
@nousername5673 Ай бұрын
What about calling someone incompetent (and stopping at that)?
@gfiremark
@gfiremark Ай бұрын
@@nousername5673 that would likely be defamation, unless it’s provably true.
@nousername5673
@nousername5673 Ай бұрын
@@gfiremark What if is made as a general comment (“incompetent individuals in supervisory positions are a liability”) as opposed to “X is incompetent. If it is worded with ambiguity?
@gfiremark
@gfiremark Ай бұрын
@@nousername5673 if not about an identifiable person, then it’s probably ok.
@BG-nl3hy
@BG-nl3hy Ай бұрын
Take on reaction videos?.... sometimes little commentary to go with it
@gfiremark
@gfiremark Ай бұрын
KZbin lets them ALL stand... and that's based (I believe) on a court ruling in Hosseiniaden v. Klein which held that such a video was fair use because the criticism and commentary in the reaction was "transformative" But my take is that not all reaction videos are ACTUALLY reaction videos, and thus some shouldn't qualify as fair use, since they don't actually offer meaningful commentary or criticism. (Yet I'm not aware of cases in which reaction vids get taken down and stay down if the creator claims fair use)
@BG-nl3hy
@BG-nl3hy Ай бұрын
@gfiremark really glad u picked up on that too...I wanna make some react videos too (not just these) but I've seen a bunch of lame ones that look like they should be taken down adding very little to the original video... kinda encouraging tho seems the bar is set low
@LS48yt
@LS48yt Ай бұрын
Is it alright if I use the rights to a song without asking if my video is NOT copyrighted?
@gfiremark
@gfiremark Ай бұрын
No. The SONG is copyrighted, which means that only the owner has the right to use it or allow others. But you're also operating under a misconception. Your video IS copyrighted, automatically, the moment you create it, unless you specifically transfer it to the public domain. (which requires paperwork)
@aunisone
@aunisone Ай бұрын
Ok so i took a patriotic song, changed lyrics, recorded new music, sang it myself, made a performance video. So from a patriotic song, it now becomes a satire on the country's bad financial condition. Is it fair use?
@gfiremark
@gfiremark Ай бұрын
Not necessarily a parody, but it *might* be. Gotta work through the full analysis. You can engage a lawyer for that, or take your chances with a takedown/copyright strike.
@Regmuslima
@Regmuslima Ай бұрын
Given that it's so pricy, can we just do it in parts? Like trademark the name/channel first then move forward in steps when income/sponsorship is established as or if the channel grows in that way?
@gfiremark
@gfiremark Ай бұрын
Sure... something is better than nothing....
@theDanielJLewis
@theDanielJLewis Ай бұрын
Thanks for the answer! I'm sharing this with my friend!
@gfiremark
@gfiremark Ай бұрын
Awesome, thank you!
@jessekearney1749
@jessekearney1749 Ай бұрын
What is VA in this context?
@gfiremark
@gfiremark Ай бұрын
Virtual Assistant. sorry. SHould've called that out better.
@theDanielJLewis
@theDanielJLewis Ай бұрын
As a follow up with this, I'd love for you to address receiving feedback from minors and using it in a podcast. (A friend has this exact concern with a family-friend podcast.) I know one consideration is what information the contact channel collects and shares with the podcaster. But what if we assume nothing is tracked about the minor except the information they give: first name, state, and story or feedback.
@gfiremark
@gfiremark Ай бұрын
Good idea, @theDanielJLewis.
@gfiremark
@gfiremark Ай бұрын
Here it is! Thanks! kzbin.info/www/bejne/gXiUkqWigMacqsU
@SOURIZZ_
@SOURIZZ_ Ай бұрын
You didn't aged since 2000
@gfiremark
@gfiremark Ай бұрын
thanks
@gyevideotube
@gyevideotube Ай бұрын
I also hired a VA in the Philippines, but she is a freelancer and does not work for any agency/company. Would I still need both forms?
@gfiremark
@gfiremark Ай бұрын
Check with your tax adviser, but I believe it's the same rules... if outside the US, no forms needed.
@derekquindry
@derekquindry Ай бұрын
It's not worth it for any real company. You don't know the rules of the game (because they aren't set), so you'll lose more than you save.
@derekquindry
@derekquindry Ай бұрын
Forming an LLC is cheap everywhere so that's not a reason to choose where to form your LLC
@gfiremark
@gfiremark Ай бұрын
?
@gfiremark
@gfiremark Ай бұрын
not everywhere. Example, minimum tax in California is $800 per year. Some states have $0 tax.
@BillConrad
@BillConrad Ай бұрын
Thanks for the information. As a podcaster, I find it very helpful. How do you feel about being the sole proprietor for a small home podcast business?
@gfiremark
@gfiremark Ай бұрын
How do I "feel" about it? Well, I think that sole proprietorship leaves a person's personal assets at greater risk to creditors and litigants. That said, the expense of setting up and operating an LLC or Corporation may weigh more heavily. Much depends on how those expenses line up depending on the state in which you're located. some states' fees and costs are under $100/yr. Others are 10x that. So, it's a case-by-case determination and cost/benefit analysis. It also depends on the kind of content you're making. Some types of shows are riskier than others.
@slow_goon73
@slow_goon73 Ай бұрын
Don't know how it works over there, but can't state courts use case law from other states as precedent? Why does the case have to happen in that state for it to be relevant?
@gfiremark
@gfiremark Ай бұрын
Great question. In the US, Case law from other states is not binding as precedent across state lines. It is often cited as persuasive authority, but the principles of federalism (State sovereignty) at the root of the US constitution give each state the right to determine internal matters as it sees fit. (this is why the US Supreme Court's overruling of Roe v. Wade is troubling, and calls for each state to make its own determinations on the legality of abortion. Same is true in any other body of law not occupied by federal law. So, some states are tougher on corporate officers, executives and directors, while others make things tougher on shareholders and protect the directors and officers from many kinds of claims.
@EncourageFaith
@EncourageFaith Ай бұрын
Very helpful, thanks!
@gfiremark
@gfiremark Ай бұрын
Glad it was helpful! Thanks!
@fabianh6867
@fabianh6867 Ай бұрын
Good video! I understand there's something called the Political Entities License that sometimes allows artists to block politicians from using their music. Is this correct? Thanks
@gfiremark
@gfiremark Ай бұрын
I haven't heard of that specifically. I believe some artists have asked the Performing Rights Organizations to do that.. and from my quick google search, it looks like BMI has something called "Political Entities License" But here's what their page says: "A Political Entities License authorizes the public performance of over 22.4 million musical works in BMI’s repertoire and protects against the uncertainty of music use in campaigns. " So what it actually does is the opposite. It allows a political entity to use all of BMI's repertoire.
@CertainExposures
@CertainExposures 2 ай бұрын
Thank you, Gordon! 00:01:25 Since I have to rely on Fair Use anyway for the photobook review do you think I can get away with showing multiple pages inside? I am being extra cautious because someone popular I watched was sued for using screenshots of a popular photographer’s photographs in their KZbin video about composition. He lost, too. I was surprised since many, many people share videos like that. They’re among the most popular types of photography videos on this site.
@CertainExposures
@CertainExposures 2 ай бұрын
To clarify, he paid an out of court settlement to save money on fighting in court.
@gfiremark
@gfiremark 2 ай бұрын
If it's a book of photos, it's actually a compilation of all of the photos, each of which is a separate copyright work. So, showing any of the photos would probably NOT be fair use, since it's the WHOLE photo you're showing. The Cover (if only a photo) is similar, but the nature of the use is a little bit different. Bottom line, I'd avoid showing the inside photos, and only show the cover very quickly, to identify the work you're reviewing. Even then, someone COULD sue... and settling is often the least costly way to resolve things, even when you've got a strong Fair Use case.
@CertainExposures
@CertainExposures 2 ай бұрын
@@gfiremark okay, thank you for that clarification.
@gyevideotube
@gyevideotube 2 ай бұрын
💜
@gfiremark
@gfiremark 18 күн бұрын
Thanks for watching! Glad you liked it
@heyloveistheway
@heyloveistheway 2 ай бұрын
Really great video ty Gordon!!
@gfiremark
@gfiremark 18 күн бұрын
Thanks for watching! Glad you liked it
@CandidbyTeneice
@CandidbyTeneice 2 ай бұрын
@gfiremark
@gfiremark 18 күн бұрын
Thanks for watching! Glad you liked it
@KOLDBLU3ST33L
@KOLDBLU3ST33L 2 ай бұрын
Doesn't stop the Chinese 😅
@gfiremark
@gfiremark Ай бұрын
Their food is very tasty!
@Brahmananda
@Brahmananda 2 ай бұрын
what about filming on public transport?
@gfiremark
@gfiremark 2 ай бұрын
Check your transport system's rules and regulations, but in most cases, if it's PUBLIC entity (not a privately owned contractor), the same rules apply. No expectation of privacy in public spaces.
@Brahmananda
@Brahmananda 2 ай бұрын
@@gfiremark thanks for your response, its the UK london underground
@gfiremark
@gfiremark 2 ай бұрын
@@Brahmananda Ah. Technically, I believe that's private property, but filming for personal use (noncommercial) is permitted with restrictions (no tripods, no interference with ordinary operations, etc.). Check the rules published by the service. Also, Make sure you're in compliance with ico rules. Filmlondon.org.uk has some good resources on filming people in public places, too. Getting consent or blurring faces is your best bet.
@Brahmananda
@Brahmananda 2 ай бұрын
@@gfiremark you're so helpful, thank you
@pauljoannides6422
@pauljoannides6422 2 ай бұрын
Along with providing excellent and very helpful information, one thing I especially like about Firemark is that he's not trying to sell you his services. He's actually providing really good legal information. As for LLC filing, I've found LegalZoom to be good, but it's going to be at least $1000 by the time you use all of their perks. And way more important for protecting your assets than filing an LLC is to get liability insurance. The trouble is, it is now hard to get the better policies for under $5,000 to $10,000 a year, especially if you are producing creative content.
@CertainExposures
@CertainExposures 2 ай бұрын
I can’t recall if you brought this up. If a podcaster failed to inform an advertiser that they’re simultaneously posting an alternate version without ads and getting paid for it could that open the podcaster up to some legal trouble with the advertiser? Regardless, I suspect that would reduce many advertisers’ interest in working with you.
@gfiremark
@gfiremark 2 ай бұрын
@@CertainExposures good point!
@CertainExposures
@CertainExposures 2 ай бұрын
00:14 I am sure will continue to be surprised! Thanks for sharing your knowledge on this subject.
@gfiremark
@gfiremark Ай бұрын
Glad to help
@pauljoannides6422
@pauljoannides6422 2 ай бұрын
Very thorough, well organized, and helpful.
@gfiremark
@gfiremark 18 күн бұрын
Glad it was helpful!
@MissingInAmericaThe1st24Hours
@MissingInAmericaThe1st24Hours 2 ай бұрын
This information is invaluable!! ❤
@gfiremark
@gfiremark 2 ай бұрын
Thank you for your comment!
@mauramcfall9289
@mauramcfall9289 2 ай бұрын
Do you still need permission if the track and official film video is to be shown only at a funeral service for a loved one?
@gfiremark
@gfiremark 2 ай бұрын
TECHNICALLY? Yes. Especially if it's likely you'd get caught.