I am on the same page. Unlike the trademark issue with "The Hip Hop Violinist" this is about Criticism (of a news report) and whether it is covered under Fair Use.
Fair Use is Law. "Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism ...." http://www.copyright.gov/title17/92chap1.html#107 And in english Fair use <http://en.wikipedia.org/wiki/United_States_Copyright_Act_of_1976#Fair_use> Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this common law doctrine with little modification. Under section 107, the fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for CRITICISM (my emphiisis), news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to be considered to determine whether a particular use is a fair use: 1. the purpose and character of the use (commercial or educational, transformative or reproductive); 2. the nature of the copyrighted work (fictional or factual, the degree of creativity); 3. the amount and substantiality of the portion of the original work used; and 4. the effect of the use upon the market (or potential market) for the original work.[4] The Act was later amended to extend the fair use defense to unpublished works. <snip> In case my questions were missed .... Is there one clearing house style site (maybe I missed it on Chilling Effect) where prosecutions are tracked or documented? Maybe a wiki? Seems like a lot of videos are getting removed from Youtube (and others) recently Results 1 - 100 of about 426,000 over the past month for videos removed from Youtube. (0.24 seconds) <http://www.google.com/search?as_q=videos+removed+from+Youtube&hl=en&num=100&btn\ G=Google+Search&as_epq=&as_oq=&as_eq=&lr=&as_ft=i&as_filetype=&as_qdr=m&as_nlo=&\ as_nhi=&as_occt=any&as_dt=i&as_sitesearch=&as_rights=&safe=images> Ok it is a results total, but there are references to thousands of videos removed at one time. Does anyone know if these take downs are tracked? The companies hired to find copyrighted materials for the movie and music biz should be publicized and contact information easy to locate. This would IMO ensure that due diligence is performed on their part. If a company is doing more harm than good their copyright take down requests should be scrutinized. In other words, if these companies have a consistent track record, the request should be assumed accurate. If a company is doing poorly say a 60% (might be too low) accuracy or less, then peer review would seem a fair addition to the process before a takedown occurs. Thoughts from the group or did I just crush this thread? --- In videoblogging@yahoogroups.com, "Heath" <[EMAIL PROTECTED]> wrote: > > the real problem is that there is no law that protects or > enforces "fair use", it's simply a precedent put forth by the courts > and unless it IS law, sooner or later....fair use will be a thing of > the past.. > > Heath > http://batmangeek.com > > --- In videoblogging@yahoogroups.com, "Jan McLaughlin" > <jannie.jan@> wrote: > > > > Interesting turn of events for folks who have critical things to > say about > > media issues. > > > > One net result: Even if critical speech / thought abides by all > terms of > > Fair Use, DCMA terms chill the critical voice. > > > > But only if the critical thinkers allow themselves to be chilled. > > > > Perhaps opening disclaimer cards that state precisely why the video > is Fair > > Use would help. > > > > Jan > > -- > > The Faux Press - better than real > > http://feeds.feedburner.com/WburgtvFallFilmFest - Fall Film Fest > > http://fauxpress.blogspot.com > > http://wburg.tv > > aim=janofsound > > air=862.571.5334 > > skype=janmclaughlin > > > > > > [Non-text portions of this message have been removed] > > >
