Fair Use School: Response to YouTube's Copyright School Video

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DarkLordofDebate

DarkLordofDebate

Күн бұрын

This is my winning entry for Public Knowledge's video contest to create a response to KZbin's new "copyright school" video.
While KZbin's video is generally informative about copyright law and user generated video, it falls short when it comes to its description of fair use, an exception to copyright protection that allows you to incorporate copyrighted content into your videos without the permission of the copyright holder. This video describes fair use in an easy-to-understand way, and shows that rather than being a bunch of complicated legalize that ordinary KZbin users could never understand, fair use is a simple principle that you can use as a weapon to fight abusive takedown notices and get your videos restored when they are blocked for copyright infringement.
Note that this video is NOT legal advice, and fair use law is still very nebulous and uncertain--hence my frequent use of the word "probably." While the chances of being sued for filing a counter-notice are low, it should not be done lightly, and you assume any risk that results from taking such action.
For more information on copyright, fair use, and KZbin, please visit my website, fairusetube.org, which features a detailed tutorial on how to dispute copyright blocks both under KZbin's automated Content ID system and with a DMCA counter-notice.
Also visit Public Knowledge's website, at publicknowledge....
Another great resource about fair use and KZbin videos is the Center for Social Media's "Code of Best Practices in Fair Use for Online Video," available here: www.centerforso....
About Me:
I am a 24-year old, third-year law student at Regent University School of Law in Virginia Beach, VA, where I am the president of the Intellectual Property and Entertainment Law Society and an editor on the Regent Law Review. I developed a strong interest in copyright issues in college, and I hope to pursue a career in copyright and Internet law when I graduate from law school. About a year ago, I started the website FairUseTube.org to guide KZbin users through the often confusing copyright dispute process, and to encourage them to stand up for their fair use rights against abusive takedown notices by major media companies.

Пікірлер: 305
@ZakWolf
@ZakWolf 9 жыл бұрын
KZbin Poops should be automatically listed as "fair use," because they are not meant to compete with the originals, and are remixes that can be pretty wild.
@Larry
@Larry 10 жыл бұрын
10-14 days? Sorry dude, it's 30 days now :(
@epic2themax
@epic2themax 10 жыл бұрын
I sent KZbin an email at copyright@youtube.com because I wanted to file a counter-DMCA. When I tried to file a counter-DMCA using the form from my video manager, all that I got was a response that took about 2 days that said "counter-dispute rejected". It has been over a week and still no response from them with the email. This is getting to the point where I'm highly considering calling this whole thing off and walking away from it. There just is not fun in it if I have to fight against a music company which does not even own the song in order to have 2 seconds of it (literally, 2 seconds) in a 30 minute video that has nothing to do with it.
@TubeofDestiny
@TubeofDestiny 10 жыл бұрын
Green Triangle Keep spamming them, send more and more emails. Use other email adresses, use generic words in your emails to dodge any filter they would put there. They'll have to obey the law.
@JamielPridgen68
@JamielPridgen68 10 жыл бұрын
Green Triangle I did the same thing you did and almost got my whole Damn video taken down lolol "KZbin does not care about fair use at all ever in any kind of way"
@Larry
@Larry 10 жыл бұрын
Jamiel Pridgen You're also guilty until proven innocent, which I hate.
@OldClassicGamer
@OldClassicGamer 10 жыл бұрын
***** Any luck with video in question that you asked about 6 months ago?
@cbsteffen
@cbsteffen 8 жыл бұрын
I don't think KZbin should remove videos just because of copyright. I think it should give people a link to the official site of the copyright owner so they can get consent from that copyright owner to leave the video up. Who agrees?
@samuelalexi1614
@samuelalexi1614 8 жыл бұрын
+Carly Steffen I do
@TheMADWonderlandOfficial
@TheMADWonderlandOfficial 5 жыл бұрын
yeah ppl need to chill they'd actually benefit more from ya leaving it up there.
@ow_
@ow_ 4 жыл бұрын
Its not KZbin's fault, its what the law has been agreed on as.
@skull2knight
@skull2knight 11 жыл бұрын
Why did they give youtube to google? I LOVED youtube before. Fuck you google.. I missed the old youtube D: i uploaded a full adventure time episode it lasted about a week and the video was gone...
@jeffreypagsisihan3074
@jeffreypagsisihan3074 5 жыл бұрын
I watch your video
@JeanneFeisont
@JeanneFeisont 12 жыл бұрын
Remember when KZbin was a cool, ad-free place to upload videos? Pepperidge farm remembers.
@memelab5183
@memelab5183 8 жыл бұрын
Thanks for the help! I'm in the middle of a DMCA battle and when I watched the happy tree friends video for the first time I thought it was odd that they glossed over fair use.
@willstarbailey
@willstarbailey 10 жыл бұрын
They made a new Copyright Basics video with Mario and Fafa from Glove and Boots and they now allow remixes and that stuff now on KZbin. (I know this was made back in 2011 I'm just saying)
@FreeKentHovind
@FreeKentHovind 11 жыл бұрын
To those who run KZbin: (like Antoine Dodson) "We will find you!"
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
There's a lawyer in California who runs a website called "counterdmca" who allows you to pay a nominal fee of $1.50 and then use the address of his law firm when filing a counter-notice so you don't reveal your private information. You might want to check that out if this worries you.
@MattCarlDesign
@MattCarlDesign 13 жыл бұрын
Great video. The nature of "Fair Use" is fairly ambiguous and not so black and white with what exactly is allowed and exactly is not. I believe that is the reason KZbin shied away from trying to explain it in further detail. Better for them not to mention it at all than have someone sue them because they used material inappropriately.
@mrninjafreak296
@mrninjafreak296 10 жыл бұрын
I don't think the Fair Use Protection weapon works anymore. Example i uploaded a video game gameplay on KZbin, that includes music(the music is not added in by me, its included in the game). I get copyright strikes on my video of course and i try to tell em that gameplay fall under fair use protection, but they still deny it. Do you have any tips?
@OldClassicGamer
@OldClassicGamer 10 жыл бұрын
Watch this video, do exactly like him and video will be back in 14 days: How to File a DMCA Counter-Notification (Copyright Tutorial)
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Disclaimers have no legal effect whatsoever, and they're not going to dissuade anyone from taking your video down either because it's all done by bots at this point. No human ever sees these claims until the dispute stage, and even then someone at the copyright enforcement companies they farm this stuff out to just clicks through and denies every dispute. Only once you file a DMCA counter-notice can you actually beat them.
@Martial-Mat
@Martial-Mat 11 жыл бұрын
I think that this video is dangerously misleading and contravenes copyrighht itself on numerous occasions.The definition of "transformative" is particularly wooly, and simply lifting a clip of lord of the rings to accompany your declaration of an epic quest does not absolve you. Mashups again, are a very grey area; just ask any musician who sampled another artist's work! The fact is, this people have vast resources to enforce these issues, and we don't have resources to challenge these nuances.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
If you're just playing the whole song and making a sort of virtual mixtape, that's a big gray area. Tons of people do it, and there probably is an argument to be made that it's fair use because your unique compilation and recontextualization adds new meaning to it, but since it consists of whole copyrighted songs, it's probably more likely simply infringing. Hard to say really.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
I said that for intentional melodramatic effect, mimicking the melodrama of KZbin's original video. Though they certainly act like they don't want you to know about it, because they make it as hard as possible to claim fair use, and now they give certain copyright owners the right to override any fair use claim, no matter how strong.
@SchuchDesigns
@SchuchDesigns 11 жыл бұрын
Here's the problem I have. Fair Use can only be legally determined by a court of law. If you contest a take down notice under the DMCA don't you open yourself up to a lawsuit if the copyright holder disagrees with your claim? And even if you think you're likely to win you still have to through the time and expense of taking it to court.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Generally that's probably not fair use to post a straight unedited game trailer. Common sense says the game company would be happy to have advertisements for their game spread far and wide, but the ownership mentality these companies have says any distribution they don't control is a threat, so they have to shut it down.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Noncommercial remixes should in most cases be fair use. If you can get the URLs for the videos which were taken down you can still send DMCA counter-notices to get them restored. If you can't access the account, you may have to use KZbin's contact form to find out the URLs of the deleted videos then email a counter-notice instead of submitting one through the webform.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Well if you just posted the whole thing unedited with no commentary or anything, that's probably not enough to count as fair use, so you wouldn't really have a basis to counter-notice or anything. If you re-did it with your own original commentary and cut it down, then you could probably post it legally.
@mysterypancake1
@mysterypancake1 11 жыл бұрын
Hi, I spent 10 hours editing a peppa pig video I downloaded from EOneFamily, and there's custom footage and sounds at least every 4 seconds. Is this fair use or not? I submitted two counter-notification to EOne who gave me 2 strikes (I uploaded it twice). Can I do anything?
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
I think so. The case for fair use in the case of reviews using small clips to show what you're talking about is very strong, so in that case commercial use would probably still be fair use. Actual TV news networks do that sort of thing all the time and they're certainly commercial.
@m6wg4bxw
@m6wg4bxw 11 жыл бұрын
I don’t know if my use is transformative. I made a video entitled, “How to pronounce metal band names.” The purpose of the video is to compile quotations of people properly pronouncing band names so that others may and learn from them. The video consists entirely of clips of other videos (mostly interviews). The duration is 515 seconds, using 40 clips, so the average clip length is less than 13 seconds. Is this fair use?
@mysterypancake1
@mysterypancake1 11 жыл бұрын
I filed a notice, but I don't think it was a counter- one, it was the one where you tick boxes and most of them are fake and you get left with the last few boxes, and I ticked the bottom one, since I have 2 strikes, I'm too scared to file any more stuff.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Sounds like it would be fair use to me, though I can't say for certain. Have you actually filed a counter-notice? Once that goes through the strike should be removed. Sounds like you haven't done the counter-notice yet if you still have strikes.
@Lowtierdadproductions
@Lowtierdadproductions 11 жыл бұрын
What gets me is, we get punished for simply wanting to talk about a certain clip from a show thats uploaded that we gain nothing from. It kills the purpose of even having comments on videos. Sometimes I think its just out of spite.
@DrewHowdenTech
@DrewHowdenTech 4 жыл бұрын
I think this video is copyright infringement according to KZbin Copyright School.
@ANTISCHOOLThePAGE
@ANTISCHOOLThePAGE 11 жыл бұрын
Everyone has the right to share his content. KZbin has the right to take down your video because youtube owns its site. But If they say Goverment will put you in jail and that shit. THey can't! We have the right to share everything we don't give a fuck about copyrights. We have every right to share each other content. Like pirate bay does so many years.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Depends on how much you post. Posting a reedited version of an entire movie probably wouldn't be considered fair use, but just short snippets with deleted scenes edited in and some material around them for context could be.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
You would think false claimants should be punished, wouldn't you? Sadly, that's not how KZbin works. They never punish false claimants, and the worst like UMG they actively reward for it.
@RedCordPlayer
@RedCordPlayer 11 жыл бұрын
hey maybe you can help me out i have a persuasive speech to give in my comm 1 class about Copy right infringement vs fair use. and i need your help to better put my stuff into words or so RSVP please
@oopalonga
@oopalonga 11 жыл бұрын
u stated "youtube" doesn't want you to know about fair use, but that's incorrect--youtube actually talks about fair use--they simply PREFER that you'd use 100% original content plus...in the end, youtube OWNS youtube, they can do whatever the fuck they want.
@JOnTHeMOnSoon
@JOnTHeMOnSoon 11 жыл бұрын
What if you are posting a game trailer just because you like it? Does it not fall under fair use because you did nothing to it? Or does it fall under the "news" category of fair use since you are simply posting it, and it does not interfere in any way with the original content?
@NadavRotemWed
@NadavRotemWed 11 жыл бұрын
Question : I created a stop motion video for the Red Hot Chili Peppers song : "I feel love". I made it as a tribute for the band as I appreciate them very much. The video is not for sale and I am not makeing money out of it. Is it considered fair use ?
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
If it was creative commons at the time you made the video, than you should be good. That counts as a license as long as you stick to the parameters of the CC license.
@wildtroll
@wildtroll 11 жыл бұрын
It sounds like fair use would be very likely applied if you showed clips from released trailers for the movie. That way you are in no way showing something the company did not intend to show outside of the full movie.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
In my opinion, music videos and montages are probably transformative enough to be fair use even though you use the whole song.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Yes if you provide lots of original content to make your use strongly transformative, you can monetize fair use content.
@Peliha
@Peliha 5 жыл бұрын
I am not too sure if nightcores and anti nightcores are fair use. If it's not fair use, I will just disable the monetization.
@featjie
@featjie 11 жыл бұрын
Funny how the KZbin movie section has a bunch of nudity but when someone upload video footage of nudity, they remove it
@Lexipumpkin783
@Lexipumpkin783 11 жыл бұрын
their wrong youtube becuse i can use a persons metrail and stuff as long as im not making profit off of it this is from the law book You can file a civil lawsuit in federal court to get an order stopping the person from using your material. A copyright attorney can get you started in the process. If the person has used your work and is attempting to make a profit with it, then the U.S. Attorney can get involved.
@Brillemeister
@Brillemeister 11 жыл бұрын
Your rebuttal was welcome and sorely needed, I think, for those are unaware of the existence of fair use exceptions in copyright law. I've had some guilt over the years as to the content on my channel, but have since come to the realization that it all counts as fair use. Not only do I drizzle new meaning over everything I mangle, warp and splice, since 2006 I've spent hundreds of dollars on software, equipment and media in order to make my videos, with not a red cent gained from them to date.
@MentalSelfMutilation
@MentalSelfMutilation 13 жыл бұрын
Coincidentally, the very day before this was posted, I sat through the Copyright School. The original Copyright Infringement vid stated several times that remixes and mash-ups of copyrighted content is Copyright Infringement, while this new vid states the opposite. I'm gonna do just a bit more research on this stuff than just watch some guy's vid now.
@karrecod
@karrecod 11 жыл бұрын
Hello, I got copyrighted for in-game music on a gaming video. IMO, that isn't my fault. The music is in the actual game, playing in the background. WTF?! There's nothing i can do about that.
@garetare
@garetare 11 жыл бұрын
i was wondering because if you think about it they dont compete with the origanal and have new meaning. guess it is kinda iffy, i might make a new channel to take my chances
@britwigger
@britwigger 11 жыл бұрын
I am presently uploading proof that Doctor Who is fully timelord, showing only two few-second clips of the show to prove it. I am crossing my fingers.
@firebason
@firebason 11 жыл бұрын
If you add your own commentary it falls under fair use and you can monetize your video.
@superninja252
@superninja252 11 жыл бұрын
I Was Going to Contesting a video beacuse they have really Fair use , but apparis this :Contesting rejected. The claim was reinstated.
@Mudkipkiller
@Mudkipkiller 11 жыл бұрын
"Entire" episodes? Well you shouldn't be that surprised then... A clip is one thing...
@personncfdhbhbv
@personncfdhbhbv 11 жыл бұрын
Couldn't you just put a disclaimer in the video saying you do not own the materiel.
@Lexipumpkin783
@Lexipumpkin783 11 жыл бұрын
so i sent them this and they said i was wrong that it was copyright becuse i dont have permisson so youtube is full of shit
@oopalonga
@oopalonga 11 жыл бұрын
yes i know, then just substitute "google" for "youtube" and my comment still holds
@kenrickeason
@kenrickeason 11 жыл бұрын
Did KZbin use Super Mario Voice on the pirate when he scream , So KZbin is copyright infringement of Nintendo...
@firebason
@firebason 11 жыл бұрын
They pay KZbin to get rid of material that ''infringes'' their copyright.
@SpencerNg
@SpencerNg 11 жыл бұрын
The funny thing is, this video uses fair use an awful lot and uses a lot of copyrighted clips...
@OneAndOnlyBillyJ
@OneAndOnlyBillyJ 11 жыл бұрын
What if I use music and create a music video? Or use music for a tribute musical montage?
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Yes that sounds very transformative to me, so likely fair use.
@cfruge444
@cfruge444 9 жыл бұрын
*facepalm* Happy Friends? *sigh* Epic fail.
@DarkLordofDebate
@DarkLordofDebate 11 жыл бұрын
Most gameplay videos I believe would qualify as fair use.
@kennymccormick1944
@kennymccormick1944 11 жыл бұрын
I guess youtube made 10 accounts to dislike this
@IamShaoKahn91
@IamShaoKahn91 12 жыл бұрын
Well, it's copy and right. So it means it's fair use.
@oopalonga
@oopalonga 11 жыл бұрын
alright, fair enough then : ) well stated
@MattMzansi
@MattMzansi 11 жыл бұрын
Hi ALL, can someone please explain something to me. Regarding Fair Use >>> If I record and upload something from a sports game for example. Am I allowed to put my own commentary over the footage and still MONETIZE the videos? Or If i did funny remixes of sport footage. Can I still monetize? My question is I understand Fair use sort of now. But does fair use allow me to monetize off footage I don't really own but have 'remixed'.
@MattMzansi
@MattMzansi 11 жыл бұрын
Hi ALL, can someone please explain something to me. Regarding Fair Use >>> If I record and upload something from a sports game for example. Am I allowed to put my own commentary over the footage and still MONETIZE the videos? Or If i did funny remixes of sport footage. Can I still monetize? My question is I understand Fair use sort of now. But does fair use allow me to monetize off footage I don't really own but have 'remixed'.
@oshaikeuchi
@oshaikeuchi 13 жыл бұрын
Sorry if this has been asked before-! You seem to be knowledgeable when it comes to grey areas... What about using a copyrighted song and making your own music video out of your own art...? Not just a slideshow kind of thing, but an actual music video with a story. (It's one of my hobbies, my featured video is an example~)
@tmc200527
@tmc200527 12 жыл бұрын
There are a lot of instructional videos on youtube. Can you monetized a teaching video on a technical topic such as math, physics, chemistry or engineering where you use the solved problems from these textbooks in the videos?
@oshaikeuchi
@oshaikeuchi 13 жыл бұрын
@swwardle i thought it would apply against fair use because it doesn't compete with the original market and i still made something new out of it :/ Oh well, i guess what I think wont change anything anyway.
@HuffDaddyYT
@HuffDaddyYT 13 жыл бұрын
So one of my best videos that ""I"" made that got thousands and thousands of views was just removed today due to a theme song to an old cartoon show. They then put me in copyright school. Ill be 100% honest. Im pissed....
@MindOfMando
@MindOfMando 12 жыл бұрын
Ok i will but tell me this, if its in my intro which is about 12 seconds and i monetize that video is there a consequence? Because the Video is just Gameplay from Call Of Duty
@lordofthebricks1
@lordofthebricks1 11 жыл бұрын
I am making LEGO Stop-motions with The Hobbit and The Lord of the Rings,but some times I use sounds from movie,and there was only one time copy right
@Davidevgen
@Davidevgen 13 жыл бұрын
this is the right way! this is what youtube should have posted. heh the original video have tons of dislikes and the comments are disabled lol
@Ainiflowers11
@Ainiflowers11 12 жыл бұрын
yeah. it would be sad to ppl who missed/wanna watch the movie. i mean, youtube is bcoming a shit now. shittube...
@MindOfMando
@MindOfMando 12 жыл бұрын
i have the instrumental for a song in my youtube intro, is that copyright infringement ?
@onlinerecords
@onlinerecords 12 жыл бұрын
Sorry, sir, but you're wrong about mash-ups and remixes - they are certainly NOT fair use. Just because they are sometimes tolerated by copyright owners, does NOT mean that anyone can adapt other peoples' work as they please. To suggest otherwise is most irresponsible. But it is good to see that you acknowledge that a whole song video cannot be 'Fair Use', which is a perfectly worthy exception to copyright, linked to limited academic uses.
@Brutus1Buckeye
@Brutus1Buckeye 12 жыл бұрын
I have some pretty good videos but the one they took down only had about 1300 views, not one of my best. I used a pretty random song without lyrics and they couldn't pin me on it, but I put that music over edited clips of Inglorious Basterds which Weinstein made a strike against. My question is what exactly does a video need to not compete with the original. I made a music video. That's all that I do and put on here. THIS IS BULLSHIT.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
Covers are a big gray area. There's actually a special statutory license that professional musicians have to get when they do a cover, but that doesn't actually include all the rights necessary for a public performance on KZbin. In the case of most amateur cover artists, I think it would be reasonable to claim fair use, as I don't think Congress intended the statutory cover license to apply to teenagers playing guitar in their bedrooms, etc.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
@PCHavoc I've seen that disclaimer a lot, but it's not actually a very good one because it says nothing about why YOUR SPECIFIC VIDEO is fair use. It's just a general summary of fair use. Disclaimers in general don't really do anything, since they won't prevent your video from being taken down. But if you want to do a disclaimer, I'd recommend something like, "this video is fair use because it is non-commercial, transformative in nature, and does not compete with the original work."
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@NewMusicRealm Possibly if the case for fair use is already very strong (such as direct parodies). In many cases though, making money off something undermines your case for fair use. And as far as I know, KZbin does not accept fair use as proper authorization to use copyrighted material for purposes of monetization. They require you to have written authorization for everything you use.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@swwardle I also have a problem with people who say "fair use can only be decided by a court." Something can be fair use even if it is never adjudicated to be so. If you are doing something in other contexts that you believe is legal, it doesn't make it illegal just because no court has actually declared it legal. Copyright enforcement these days has been largely privatized anyway. So there is no reason you cannot assert fair use out of court in the context of a private enforcement system.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@swwardle True, to a point. However there are cases that are much clearer fair uses than others. Additionally, litigation is expensive and complex, period. That's why copyright disputes on KZbin almost never result in lawsuits at all. Since the risk of being sued over a KZbin video is minimal, as long as you have a decent argument for your video being fair use, there is not that much risk in asserting fair use and filing a counter-notice.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@cobanermani456 Doing something commercially somewhat reduces the likelihood of it being fair use, but it still can be. Video game play-throughs are kind of tricky for fair use because they're not a static thing but an interactive, ever changing experience. Thus playing them and commenting on them I personally think would qualify as sufficiently transformative for fair use, but I can't say so for sure.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@Sismiques It it showing up as "awaiting response" or "confirmed"? If the former, your video is actually probably live, even if the view copyright info page says it's blocked. Try logging out of your account and seeing if you can view the video. If it's showing up as "all content owners have confirmed their claim to your video," you are sadly out of luck, as there is currently no further way to dispute it.
@nathanjamesbaker
@nathanjamesbaker 13 жыл бұрын
I got a perfect score on the quick without even watching the Copyright School video. Today I went back and watched the first few seconds of the video and found it incredibly insulting. I understand copyright more than the average user, and I believe that KZbin is not handling fair use issues correctly. I have already filed my counternotification against the National Football Leage, the copyright holder who assulted me with a notification.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@ArkBlitz I would if I could. Unfortunately, KZbin does not let me use their built in CC license tag on any of my videos, probably as a result of a 3-year old copyright strike I still can't get removed because I deleted the video ages ago, and so KZbin won't respond to counter-notices on it. I'm assuming CC licenses are like the "unlisted" video option and aren't available to anyone who has ever gotten a copyright strike.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@floydstinkyboy Thanks for your comment. I don't mean to say that you should take this process lightly. You are making a legal claim, and there is always the potential you could end up in court over it. That being said, as far as any tech policy group out there is aware, no regular KZbin user has ever been sued after sending a counter-notice. If you have a genuine fair use claim, typically they don't bother. So don't take it lightly, but don't be too scared of a lawsuit to use it either.
@floydstinkyboy
@floydstinkyboy 13 жыл бұрын
hello. i think it is misleading for you to claim filing a counter-notice is "simple" and no big deal. yes it can be done easily, in minutes, click click. but if the content owner means business, filing a counter means you are ready, willing and able to defend yourself in FEDERAL COURT, and THAT is not simple. it's a big deal. the court's rulebook alone is about 4 inches thick, plus enough rules and laws to fill a barn. it's very complicated, and can be extremely time consuming and expensive.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
Well I can't tell you a firm opinion, but that would probably be similar to an AMV which I believe are probably fair use. As long as your use is transformative (altering the original), noncommercial, and only uses part of the original it is probably fair use and you'd have a basis for filing a counter-notice.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
Subtitling is a big gray area. There are people who argue that things like posting subtitled anime shows that aren't sold in the US is fair use, and others who say it is not. Some subtitle sites have been shut down for copyright infringement. It really depends on the circumstances and there's no clear answer to that.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
It really depends. That's kind of a grey area with no clear answer. Also even if it is fair use KZbin still may not let you monetize it, since they have a stricter standard for monetization and and may not accept fair use as an answer for that. You can always try though and see if they allow it or not.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
Noncommercial music videos usually do not compete with the original, since there is no market for licensing music for amateur non-commercial use on user generated video sites, and it does not generally substitute for buying the song. That's basically what that means--if it can substitute for an established market for the copyrighted material.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
@kingmike357 Commercial use can still be fair use, though it's somewhat less likely. You still need to go through all the factors, but for very brief things like sound clips, it's such a minor use fair use is pretty strong. You'd also need to consider if there is any kind of market for licensing those sound clips (unlikely). If not, that would also work in your favor.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
@108makoto1 I talk about that on my site. Basically if you are using a small amount of the original and make your own original remix (like a music video or fan trailer), that alters transforms the original into something new and counts as fair use. The key thing is whether you are merely copying the original or making something new.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@ItsCalledFairUseBitc Well if the copyright holder REALLY wants your video to stay down after you filed a counter-notice, their only option is to sue you. However that is incredibly rare and unlikely for KZbin videos, so I wouldn't worry about it too much, especially if you believe you have a strong fair use claim.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@watermellonshoez At least in my opinion, most non-commercial, amateur cover recordings are likely fair use, so if you wanted to you could file a counter-notice. That's assuming you were blocked by a DMCA notice. If your video was blocked by Content ID, there is a different dispute process for that. See my website fairusetube{dot}org for how to tell the difference.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@tavarusito It may or may not be. My opinion is that the addition of video, particularly when the video is highly synced to the audio like in an AMV, adds new meaning and message to the song, qualifying as transformative even if the song itself isn't changed. That may or may not hold up in court, but it's my view.
@DarkLordofDebate
@DarkLordofDebate 13 жыл бұрын
@tavarusito Yes. Fair use is something that depends on how you use the material, not whether it's new or old or whatever. So if for example you made a music video using footage from Avatar, even though it's a new movie, because that's a transformative use it's still fair use--every bit as much as if you made a music video of say, Gone With the Wind. How old it is doesn't matter.
@Browncurse
@Browncurse 11 жыл бұрын
Hey Darklord. I have a question. Does transformative apply if you just take a quote from a certain movie or cartoon? Like if I am doing a video and I just have M. Bison say YES! Would that be considered fair use? Also transformative only applies to noncommercial purposes?
@XxJasonFxX
@XxJasonFxX 11 жыл бұрын
KZbin took one of my videos down, banned some in all country's and now i cant upload more than 15 minutes videos again, i do 30 minute mixes every month and now it has been ruined, would it be possible to get rid of the strike from my account so i could get my mixes running again for the new year?
@TVNostalgia
@TVNostalgia 12 жыл бұрын
I read your blog and if this is for real, i can only say THANK YOU. Copyright false claims are a problem world wide, and the abusive takedown of videos that fits the fair use content is finally going to an end (or at least this stupidity will decrease exponentially).
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
Interesting question. Honestly I'm not sure. I would guess probably not, since you are copying parts of their textbooks on the video, and by using it for educational purposes you are competing in the same market and possibly competing with their own video materials.
@DarkLordofDebate
@DarkLordofDebate 12 жыл бұрын
@excaliber009 Unfortunately no. I've managed to attract some media attention to this issue (articles in Wired and TorrentFreak), but so far KZbin has not taken any action to correct abuses of the Content ID system. I will continue doing everything I can though.
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