Fair Use is Your Right! See Textbook Example Part 2
2,097 views · Published 30 October 2011 · 3:22 · Indexed 28 September 2026
Channel: Representative Press ☞ · 2011 · Nonprofits & Activism
Fair Use challenged by the Emmys? See details about dispute & textbook example of using copyrighted material in a video under fair use. Spread the word about our Fair Use Rights! Pass it on ☛ http://tinyurl.com/FairUseRights See the Mike Wallace video here: Return Emmy & Apologize NOW Mike Wallace: 60 Minutes Deceit http://tinyurl.com/ReturnEmmy http://www.youtube.com/watch?v=onNzrNEFs1E&list=PL5B91347A299567AA&feature=plpp_play_all http://tinyurl.com/KillingFreeSpeech http://www.youtube.com/watch?v=p60ullKChWk&list=PLD419673F568551BE&feature=plpp_play_all http://representativepress.blogspot.com/2005/08/sources-for-israelipalestinian.html § 107. Limitations on exclusive rights: Fair use40 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, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. http://www.copyright.gov/title17/92chap1.html#107 http://www.copyright.gov/fls/fl102.html Submitted to Youtube for "Apologize to the World Mr. Wallace and Return that Emmy": 2. This video uses copyrighted material in a manner that does not require approval of the copyrightholder. It is a fair use under copyright law. Please explain briefly: Included in this video are 5 FAIR USE clips for purposes of media criticism, analysis and political commentary. 1st clip is 24s from C-SPAN's cablecast of the 28th Annual News & Documentary Emmy Awards. I superimpose text of my criticism of awarding Mike Wallace and 1st 6s the audio is muted during my audio commentary. 2nd clip is 50s, same source, use is transformative and FAIR USE because I replace the audio with my own audio criticism for 29s in addition to another 8s of text superimposed over the video. I also include 3 FAIR USE images of still frames, it's FAIR USE and not copyright infringement because I add 5s, 6s, and 17s of political commentary and media criticism on an important public issue to the still images. 3rd clip is 16s from C-SPAN's cablecast of the 60 Minutes interview which won the Emmy. It's from the version broadcast by CBS. It's FAIR USE because I critique how they edited it, use is transformative, video is shrunk and I added text to highlight their deceptive edit. 4th clip is 2 min 9s from C-SPAN's cablecast of the unedited interview NOT broadcast by CBS. Use is transformative and FAIR USE because it is used to compare to the edited version and reveal the deceptive edit broadcast by CBS, use is transformative, video is shrunk and I added text expose what was edited out. 5th clip is 18s of C-SPAN's video of the Emmy award presentation. Use is FAIR USE because it is used to point out how the interview under review is of world importance and focuses the viewer on the problem of CBS's misrepresentation of an important public issue. I respond to this clip with the 17s still frame I referred to above, as I noted, it is FAIR USE. I have successfully backed up my FAIR USE claims with DMCA counternotices in the past.
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