My video was freebooted to Facebook by a page with over 100,000 likes. What do I do?

jschlatt

jschlatt

Active Member
I recently made a Youtube video regarding SofloAntonio. It blew up on Reddit and received over 1000 upvotes.

About an hour ago someone let me know that a Facebook page with over 177,000 likes freebooted the video I made.

It was a short (5 seconds long) video and I didn't create any of the content in it, but I have read up on copyright law and believe that it is protected under fair use.

Unfortunately I can't post the link to the video here, but if you would like to see the video in question, it is the most recent one I have posted.

I am not sure what steps I should take to get the video removed and whether or not it is within my right as the creator of the video to get the video removed. Any advice would be greatly appreciated.
 
Can you describe to me what you mean by "free booted"? Does that mean stolen and used with out permission?
 
After looking at your video, it doesn't satisfy the 4 conditions to be protected under fair use. You can try to get facebook to take it down, but you'll need the two original owners of the pieces of content you used to file those claims.
 
QuiteGoneJin said:
Can you describe to me what you mean by "free booted"? Does that mean stolen and used with out permission?
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Yes, he uploaded the entire thing without permission and didn't give credit.[DOUBLEPOST=1455493983,1455493805][/DOUBLEPOST]
Wreckless Eating said:
After looking at your video, it doesn't satisfy the 4 conditions to be protected under fair use. You can try to get facebook to take it down, but you'll need the two original owners of the pieces of content you used to file those claims.
Click to expand...
Could you perhaps explain why it would not fall under fair use?
 
Wreckless Eating said:
After looking at your video, it doesn't satisfy the 4 conditions to be protected under fair use. You can try to get facebook to take it down, but you'll need the two original owners of the pieces of content you used to file those claims.
Click to expand...
I didn't think you still came to this forum... I fed my buddy some of my hot sauce last night, he said it was worse than our Balls of Fire challenge at Salvadore Molley's. I should have filmed it after I saw how much he put on his hamburger, I knew it would be hot.
 
jschlatt said:
Could you perhaps explain why it would not fall under fair use?
Click to expand...

There's 4 conditions you need to meet for fair use: Purpose and character of use; The nature of the copyrighted work; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and market effect of your creation.

For the first condition, your work has to be transformative. You have to add new meaning to the original work and also add value by creating new info/asthetics insights.
The second condition has to do with taking factual information rather than a fictional work and published vs unpublished.
The third condition has to do with how much and what you take from a copyrighted work. If you take the heart of the work (parodies excepted) then you're taking too much. In your case, you're using too much because 100% of the content is not yours and you're taking the most essential parts of two video clips and combining them together.
The last condition is market effect. Does the work have the potential to affect the value of the originals? If it does, then it doesn't meet the criteria. If your video clip makes it less likely that either one of the two clips used will be watched, then it's not fair use.

As for your video clip, it might meet the second condition but it would fail the other three tests. It's definitely not fair use and you have no grounds to have a stolen version taken down on your own.[DOUBLEPOST=1455512824,1455512747][/DOUBLEPOST]
Munchito696 said:
I didn't think you still came to this forum... I fed my buddy some of my hot sauce last night, he said it was worse than our Balls of Fire challenge at Salvadore Molley's. I should have filmed it after I saw how much he put on his hamburger, I knew it would be hot.
Click to expand...

I'm still on, but not as active as before. How would you rate the salvador molly's challenge? I found it kind of tame. Didn't need any liquid help during or afterwards.
 
Wreckless Eating said:
There's 4 conditions you need to meet for fair use: Purpose and character of use; The nature of the copyrighted work; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and market effect of your creation.

For the first condition, your work has to be transformative. You have to add new meaning to the original work and also add value by creating new info/asthetics insights.
The second condition has to do with taking factual information rather than a fictional work and published vs unpublished.
The third condition has to do with how much and what you take from a copyrighted work. If you take the heart of the work (parodies excepted) then you're taking too much. In your case, you're using too much because 100% of the content is not yours and you're taking the most essential parts of two video clips and combining them together.
The last condition is market effect. Does the work have the potential to affect the value of the originals? If it does, then it doesn't meet the criteria. If your video clip makes it less likely that either one of the two clips used will be watched, then it's not fair use.

As for your video clip, it might meet the second condition but it would fail the other three tests. It's definitely not fair use and you have no grounds to have a stolen version taken down on your own.[DOUBLEPOST=1455512824,1455512747][/DOUBLEPOST]

I'm still on, but not as active as before. How would you rate the salvador molly's challenge? I found it kind of tame. Didn't need any liquid help during or afterwards.
Click to expand...
It was pretty hot but I've had way worse. I had a hot sauce called The Source and ate way too much one time when I was drunk, it wrecked my stomach.
 
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