Youtube Fair Usage Act

Discussion in 'THREAD ARCHIVES' started by MiraMirror, Nov 4, 2012.

  1. So, a while back, there was this whole stink about people uploading music made by bands etc, to Youtube, Little Kuriboh being one of the well-known cases/repeat "offender" with his "Abridged Series" videos.

    "Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."

    Under this, there is no technical right for Youtube to take said videos down since technically speaking, most of these videos do fit the rules, like how I've used music in my old Touhoumon videos to liven them up. There's no monetizing thing going on, so it's legal according to said disclaimer above. However, Youtube was still taking said videos down (and still does, for that matter. Basically, if you don't put that disclaimer on your videos, have fun getting them back up. On that note, do you think the fair use disclaimer is legal, or is it more of a loophole? Is it right to upload music for the public, or to use said music for entertainment videos? Some people seem to think it's only right if you own the music itself, but if that were the case, many videos/Let's Plays/walkthroughs/game advertisements would plain suck.

    Opinions on this? Predictions on how far this will go or what acts will be taken on this in the future?
  2. They have bigger lawyers than you, most likely.

    Which means that they are going to win in cases such as this.
  3. The thing is that any videos with that usage act bit in them don't get taken down, so I think that says something about it, since by the wording of the clause or whatever, it -is- legal. There was a fanmade english dub of the opening to a certain anime with home-made lyrics that was taken down recently, but the owner got it back up by basically confronting them with the fair usage thing, and just like that, it's back up.