Fair Use? Kenrg gets warned!

Uploaded By:
kenrg

Save & Share

Tags: copyright deleted fair kenrg law reasonable use violation youtube

Find more videos in the "News" category

Want to embed this video on your blog or e-mail it to a friend? Scroll down for tools.

I've just had one of my videos deleted by YouTube for a copyright violation complaint, and have voluntarily removed (or made private) any other of my videos that may also be in violation.
But... What is Fair Use? What a reasonable person would call fair use and what the law considers fair use is not always the same thing. I also call on YouTube to clarify whether or not our use of music in our videos constitutes "a commercial nature." U.S. Copyright Law, Fair Use Section: http://
www.copyright.gov/title17/92chap1.html#107

See more videos uploaded by kenrg

Related Videos

Alfred Hitchcock's Santa Cruz	A Fair(y) Use Tale	Is Google Book Search "Fair Use"?

Fair Use Fairy Tale - Part 1	Eyes on the Fair Use of the Prize	[Fair Use Clip] Marion Jones Press Conference NY

Comments for this video: Show || Hide

Comments for this video on YouTube

An artist has a ... ( 1 year ago by LyinDan)

An artist has a considerable investment in his work (usually), involving his total life experience, which results in his creation. Is it right to use that wholesale, regardless of whether you are remunerated for your incorparating use or not, as a major part of your own creation? Even in parody, the artist's work is an important part of your parodying creation, is it not? Especially if you use the whole thing. ???

You are correct, ... ( 1 year ago by kenrg)

You are correct, which is why I removed more than just the video that was in question (I think I removed 16 in all). I'm not anti-copyright, or anti-artists making money - In fact, a small amount of my income is from book royalties, so I can relate to a creator being ripped off. The point here is just finding a better definition of that fine line called "fair use."

kenrg, I agree ... ( 1 year ago by Sealy1986)

kenrg, I agree with you, and I think my comedic parodies shown on YouTube constitute the fair use agreement as well. There have been a few "fair use parody" court cases that have won as in the "Pretty Woman" parody defense of Campbell v. Acuff-Rose case. I think a lot of these big name corporations like Viacom should really concern themselves more with the Lanham Act which talks about trademark copyright. That is a much more serious matter, and could seriously alter financial revenue.

your analysis is ... ( 1 year ago by tuneesq)

your analysis is pedestrian and absurd, and your conclusions are nonsensical. Respect other peoples' property while maintain freedom of expression and discourse. There's your starting point.

Thanks. Very ... ( 1 year ago by Featureman)

Thanks. Very informative.

the music copy ... ( 1 year ago by hoomelemele)

the music copy rights are complicated and sticky, can't play music in a place of business, hence starbucks for instance has their own cd's. bummer, but the laws are set and you can't change them by having a tantrum

You can't change ... ( 1 year ago by kenrg)

You can't change laws by having a tantrum, but you can change them by getting enough citizens to tell their legislators that a change is needed. Laws are not static or set in stone; they are there to serve the public good. Thanks for watching.

Perhaps that line ... ( 10 months ago by cputb1)

Perhaps that line you spoke is the Key? Can one's use of previously published music, as a soundtrack to one's goofy little YT vid, be considered a circumvention that "provides an alternative source" for the acquiring of copywritten material by potential consumers? Thus depriving the due, of their just compensation? Ethically, maybe. Technically, nah.

Sorry tuneesq, but ... ( 10 months ago by cputb1)

Sorry tuneesq, but with all respect, I have to disagree (as I exercise my right to maintain freedom of expression). If a system were set up so I could reasonably compensate an artist for using his/her song in my vid (that gets a measly 82 views), I would. I've bought what I use. I'm not stealing, not profiting. I'm honoring and promoting those works. (see other comment to kenrg)

Exactly! For you ... ( 10 months ago by cputb1)

Exactly! For you and me, YT isn't a matter of commerce. It's "our" extended living room where we show, and share with friends, stuff we think they might find cool too. There is no profit to be distributed to anyone.

thanks for that ... ( 8 months ago by ralfonzo83)

thanks for that video! "fair use" is a very interesting topic. i use it...but i hope youtube knows that too.

You're living a ... ( 7 months ago by greasebend)

You're living a fantasy. If you use copyright protected material on youtube you're infringing on copyrights because youtube is a commercial site. If you show it at home on the other, that is not a violation. Youtube would not be successful if was a parasitic site. Non-commercial entertainment 99.9% of the time is not clever enough to draw large scale public interest.

Why do think that ... ( 7 months ago by greasebend)

Why do think that major motion picture put hit songs in their movies because for excessive amounts of money? Because they are artistically sound choices? No it is because the commercial trained American mind responds positively to the same repackaged dribble over and over and will spend money on having the same comfortable experience served over and over again. Your use of such songs on Youtube will diminish that impact. Youtube prmotoes and subsists off of content theft period.

If the U.S. ... ( 7 months ago by greasebend)

If the U.S. Government had any balls it would shut down Youtube and other sites that promote content theft. I love to watch and share artistic endeavours with friends as much as the next person, but when the audience size becomes a worldwide audience and I am using other people creative works to promote my own agenda, I would be stealing at that point. Larry Flynt is responsible for the Parody Laws. The idea Parody is still criticism. Youtube has no policy against copyright violation it's clear.

I did the same, and ... ( 3 months ago by vocalbrush)

I did the same, and it was tagged but the notice said the 3rd party (owner) allows it so i didn't have to remove it,but did make other videos private for fear of suspension.From what I've read, The PRO IP act could put an end to fair use, but not for certain.The more I read these upcoming acts and current laws, the more confused I become because of it's ambiguous language and legal lingo.

sounds like you got ... ( 2 months ago by phalxor)

sounds like you got screwed. illegaly screwed

No, I admit it, I ... ( 2 months ago by kenrg)

No, I admit it, I used the music without permission, and it's the copyright owner's choice whether or not to be an ass about it. But have you ever tried to get permission to use a song in an amateur video? Just asking about the rights starts at $500. Wouldn't it be nice if they worked with YT to lease you song rights for a buck or two? Eventually some sort of common sense arrangement will be worked out, but right now it's a war of extremes.

yup but the US ... ( 2 months ago by phalxor)

yup but the US copyright law you read pretty much stated that your totally in the right regarding your videos you had removed. but of course law is law, and you can twist it whichever way you please, as you stated. they can pull the "commercial purposes" card on you at any given time even if it isnt for such purposes. Although i cant keep talking like this as i dont know youtubes policies very well nor do i know much about law and copyright. anyways thanks for your semi-lengthy personal comment.

subbed btw ( 2 months ago by phalxor)

subbed btw

What? Did you use ... ( 1 month ago by legalass17)

What? Did you use a Metallic song? Cause we all know what crybabies they are. Do you make money off your videos? God forbid that we would hear someone's song and enjoy it without them making their 2 cents off of it. The world is going to hell in a handbasket. You've been served. Sorry.

this was just phony ... ( 4 weeks ago by dickdiana161)

this was just phony drama you and renetto used for your vh site

LMAO - Dude, check ... ( 4 weeks ago by kenrg)

LMAO - Dude, check the date this was posted: June 07, 2007. Right. We did this as phony drama more than a year before launching VH. Damn, we're evil geniuses!

DAMN YOUR AWESOME ( 3 weeks ago by 94muscleman)

DAMN YOUR AWESOME

I don't know where ... ( 2 days ago by kenrg)

I don't know where you get that information, but I think you'll find a few major media companies willing to disagree with you in court.

Tell a friend: