[videoblogging] upload a Youtube video: adding textual commentary to parody/satire a news clip?

2008-06-17 Thread B Yen
 Copyright issues

 Although a parody can be considered a derivative work under United  
 States Copyright Law, it can be protected from claims by the  
 copyright owner of the original work under the fair use doctrine,  
 which is codified in 17 USC § 107. 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. That commentary function provides  
 some justification for use of the older work. See Campbell v. Acuff- 
 Rose Music, Inc.

 In 2001, the United States Court of Appeals, 11th Circuit, in  
 Suntrust v. Houghton Mifflin, upheld the right of Alice Randall to  
 publish a parody of Gone with the Wind called The Wind Done Gone,  
 which told the same story from the point of view of Scarlett  
 O'Hara's slaves, who were glad to be rid of her.

 Parodying music is legal in the U.K, America and Canada.




I want to upload a video clip from a news broadcast, to Youtube.  To  
avoid violating terms of use (copyright infringement), can I add some  
text for satire (commentary).  Would this parody of a copyrighted  
broadcast..work?

Isn't that how Jay Leno/NBC (or Jimmy Kimmel/ABC) can take news  
clips, air it on their comedy shows with satire.. get away with it?

This subject has come up on this list a while back.  But, I forgot  
the outcome.

[Non-text portions of this message have been removed]



Re: [videoblogging] upload a Youtube video: adding textual commentary to parody/satire a news clip?

2008-06-17 Thread Rupert
By the sound of things, they don't really care too much what your  
fair use argument is - if the owner squeals, they're going to take it  
down or delete your account.  I would set up a separate Youtube  
account for any copyrighted material, so that if the account gets  
deleted, you don't lose other stuff.  Given that, as discussed in the  
other thread, there's almost never any traffic that comes to other  
videos on your channel as a result of one video getting popular, what  
have you got to lose by having multiple accounts?  In any case, the  
best way of linking videos on Youtube is not by having them on the  
same account, but by using one or two tags unique to you - like  
byenvideo, perhaps - on all your videos, so that they show up in the  
'related videos' panel.

Rupert
http://twittervlog.tv

On 17-Jun-08, at 4:23 AM, B Yen wrote:

  Copyright issues
 
  Although a parody can be considered a derivative work under United
  States Copyright Law, it can be protected from claims by the
  copyright owner of the original work under the fair use doctrine,
  which is codified in 17 USC § 107. 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. That commentary function provides
  some justification for use of the older work. See Campbell v. Acuff-
  Rose Music, Inc.
 
  In 2001, the United States Court of Appeals, 11th Circuit, in
  Suntrust v. Houghton Mifflin, upheld the right of Alice Randall to
  publish a parody of Gone with the Wind called The Wind Done Gone,
  which told the same story from the point of view of Scarlett
  O'Hara's slaves, who were glad to be rid of her.
 
  Parodying music is legal in the U.K, America and Canada.
 
 

I want to upload a video clip from a news broadcast, to Youtube. To
avoid violating terms of use (copyright infringement), can I add some
text for satire (commentary). Would this parody of a copyrighted
broadcast..work?

Isn't that how Jay Leno/NBC (or Jimmy Kimmel/ABC) can take news
clips, air it on their comedy shows with satire.. get away with it?

This subject has come up on this list a while back. But, I forgot
the outcome.

[Non-text portions of this message have been removed]






[Non-text portions of this message have been removed]