Record Label Removed Bart Baker's Royals Parody
- Thread starter Gabriel
- Start date
Keep in mind, fair use can only be determined in a court of law.
Wreckless Eating
YouTube Space LA Alumni
And this yet another example of why million sub youtubers will be given affiliate status...
More info on the case: http://newmediarockstars.com/2013/1...-policy-is-under-attack-savebartslordeparody/
More info on the case: http://newmediarockstars.com/2013/1...-policy-is-under-attack-savebartslordeparody/
Gabriel
YouTube Addict
Thanks for sharing and found this while on there: http://newmediarockstars.com/2013/1...-heated-twitter-exchange-with-fullscreen-ceo/
The label has to take him to court now if they want the video to stay down since he said on twitter he filed a counter-notification.
Sinc
Mr Not That Famous
Fair use only works if the distributor allows for its use no?
in that case, its never going back up lol, all they have to do is enter the courtroom and say "As the owner of the original song, we revoke all use of it in any form by "Insert name here", then he gotta go home and eat pizza, pretty standard.
Felt like linking - http://www.copyright.gov/fls/fl102.html
Wreckless Eating
YouTube Space LA Alumni
Fair use on YouTube:
The four factors of fair use:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original.
2. The nature of the copyrighted work
Using material from primarily factual works is more likely to be fair than using purely fictional works.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.
4. The effect of the use upon the potential market for, or value of, the copyrighted work
Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.
Note: I have some additional info in my lab handbook, but I'm not sure if I'm allowed to share that info.
The four factors of fair use:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original.
2. The nature of the copyrighted work
Using material from primarily factual works is more likely to be fair than using purely fictional works.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.
4. The effect of the use upon the potential market for, or value of, the copyrighted work
Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.
Note: I have some additional info in my lab handbook, but I'm not sure if I'm allowed to share that info.
Styxie
I Love YTtalk
The Supreme Court of the United States stated that parody "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works"
He can claim fair use, but a court will tell him if his claim applies..
markkaz
I Love YTtalk
I wonder if it is because YouTubers can do quick turn-arounds on currently popular songs and profit from them. The content owners may be able to claim that the parodies are harming their potential earnings.
Does anybody recall if Weird Al did a parody of a current (at that time) song? It seems to me that they are all done months, if not years after the original work.
Does anybody recall if Weird Al did a parody of a current (at that time) song? It seems to me that they are all done months, if not years after the original work.