Eyes on the Fair Use of the Prize

[EcakCake2]

Are fanfilms fair use?

[Piccylo]

I've seen "Strange Fruit" a few years ago. It was in reserve at my college library; we had to watch it for our Jazz and Rock History class. I'm sure a lot of these videos are still preserved in several libraries, so they're at least somewhere.

[elyse43230]

I understand your Fair Use argument here, but do you think you need to make it seem like the fight that African-Americans had for equality to similar to the struggle people have overcoming copyright laws (ie: coughing up the cash?) I think not.

[DigiCamcorder]

This was genius! I love when people make videos wirth a purpose! So captivating!

[dream12big69]

it is great... your saying that soon things that should be perserved wil be gone and not seen again..... what I would like to know is some of the vidios that you showed is there anyway to get a copy of them at all or are they just lost forever... I mean I know I cant order it or anything but I want to know if anyone else has it and would like to share... I would share it too.. it should be available this is very very sad

[Top5Anime]

That was good but "fair use" is not a "right." Its a conditional defense for people being sued for copyright infringement. While this may not seem like a huge mistake, it really is something that the creator of the video must address and correct. Calling that a "right" implies to the viewer that this is something that is actively enforced in law; which is not. As someone trying to make a informative video you should try to get your facts straight.

[HappyCabbie]

wow

[astraljester]

Excellent!

Thankyou for helping to raise awareness of Free use

[Danforth56]

I love all your videos! Most of them are insperational and just make me smile! 5/5

[Smokin3215]

Thank you

[Featureman]

Hi, Spread the word about Fair Use. I know it is murky, but the YouTube legal fight might be the first chance to make a more reasonable use of the internet possible. Good video.

[monolithsapphire]

You're information jri3102, will be mentioned in that article.

[monolithsapphire]

thanx abunch JRI3102, by the way it's for a research article I'm doing for the college news paper so you're not the only one helping me here in coming up with details but just you alone makes a vital contribution; greatly appreciative. By the way what was the name of your "school" and what "city" and "state" in order for me to be air tight on the information of statistics for that article.

[Psyga315]

Why are most of the movies losing copy right black movies?

[klebsiellasrevenge]

Thank you for this.

[marklethanarkle]

great video! history, especially that which is filmed, should be preserved at all costs! because you almost can't question the validity of it; solving many debates about historical information.

[Jri3102]

thats funny because my school had the entire collection on dvd and vhs and i was able to watch them on my laptop and daownload the research guides ...... so umm....

all this is lies

[NoNoiseReduction]

Nope, not lies. Since this was made a bunch of people convinced some major foundations to donate to renew the copyright. It cost $915,000 and hundreds of hours of research/negotiation. But at some point the new copyright will expire too. And most films just never get seen again. The issue wealthy corporations using their influence to manipulate the legal system so that they maximize profits. Fair Use is an important democratic legal concept to protect.

[monolithsapphire]

Jri3102! YOU did not say WHEN YOUR SCHOOL BOUGHT THAT COLLECTION. Why don't you ask your school librarian or who ever was responsible for purchasing those videos for your school. People can not make conclusions without asking the proper inquiry needed to stake a claim like you did- yours was not legitimate and leaves fallacies behind. Did you even bother to look on line?

[Jri3102]

why would you attack me like that it is a 14 dvd collection a little over an hour each all with legitimate copyright information and authentic information.... i they are not cheap copies or reproductions. i am just saying that they are in circulation and just because you can't find them online doesn't mean they don't exist entirely. My professor has been showing the film for at least three years now for extra credit points.

[Hopeful71]

Jri,

They might have a legal VHS copy bought BEFORE the movie lost it's copyright license but the DVD would be a illegal copy of the VHS. Just becuase you have been confused by the situation involved in the distribution of movies and TV does not make any of this "lies." 100% facts...do some investigation before shooting off your mouth in ignorance again.

[Jri3102]

the dvd is not an illegal copy it is published. sorry if your institution can't seem to find a copy.

A&M seems to have the funds to circulate this movie in its campus, or at least purchace the meterial.

[Jri3102]

sorry about the "all this is lies" but i do have the information and it is on dvd and it is the original material digitally remastered with extensive study guides and outlines.

it exists out there thats all i am saying.

[monolithsapphire]

YOU STILL avoided my question and weather that was intentional is not my concern! My question AGAIN is EASY: "WHEN" did your school purchase those copies Jri3102. By the way, there are quite a few of those collections on amazon and a very few other sources as well yet their numbers of copies are still limited since they're "USED" and not new telling me there are no sources that keep producing these works. -looking forward to finding out the "when" answer

[Jri3102]

i will try to find out for you.

i will also ask how/when/how much it took to get them, i am not trying to troll i just didn't know it was that hard to find them. give me some time when i get back to school i will let you know.

[davinstarr]

awesome and sad.

[AlucardXF]

PLEASE DON'T READ THIS. You will get kissed on the nearest possible Friday by the love of your life. Tomorrow will be the best day of your life. However, if you don't post this comment to at least 3 videos, you will die within 2 days. Copy and paste this, to be saved

[wisegal7]

I believe that this will be the downfall of our children and our children's children since they will not be able to view films like these...part of our history lost...we will not forget...the Native Americans passed down the stories by spoken word...can we do the same...help preserve our heritage...speak to your children and their children...let them not forget...the great leaders of faith...and the history not to be repeated.

[sickuglyloser]

Controlling language and ideas is part of how minds and thus lives are controlled. I've noticed that when someone recommends a great book to me it often isn't in my local library. It serves about 800,000 people and it has not one copy of Drug War by Dan Russel or Language in Thought and Action by S I Hayakawa, but has thousands of romance novels and hundreds of fashion magazines etc.. Thank you for making this video.

[helenbreeze]

it gets some press in the doco The Corporation i think.

[nprovenzo]

So it's a step away from goodness that an IP creator be compensated when you use his creation? Yes, the people who wrote "Happy Birthday" own the rights to its use. Don't like it? Then don't use it in your productions.

Otherwise, you sanction theft.

[icarus42r]

The people who wrote Happy Birthday are most likely long dead.

Looks like somebody doesn't quite get why copyrights were given a limited lifespan to begin with, before Disney stepped in and hijacked things.

[bigralph1]

Michael Jackson owns the rights to the song "Happy Birthday" now. if u notice nowadays, NOBODY is putting the song in movies, TV, or anything because MJ gets paid if someone wants to use it.

[JeevasMailbox]

Where did you hear that..?

[bigralph1]

i 4got where i heard it, but it was around the same time i heard about his purchase of the rights 2 the Beatles catalogue. but i was just told that he DOESN'T own the rights 2 "Happy Birthday." AOL Time/Warner does. (thx 4 the info "roshgadol")

[roshgadol18]

Happy Birthday is not owned by Michael Jackson, it is owned by AOL Time Warner. Look it up on Snopes.

[tsntana]

Re: "Happy Birthday is not owned by Michael Jackson, it is owned by AOL Time Warner. Look it up on Snopes."

Just FTR. The Beatles released a song called "Happy Birthday".  It was a different song. Both lyrically and in melody.

[rhawkins003]

So did Stvie Wonder.

[MIKECNW]

Last Fall WTTW-Chicago was reairing it and they barely completed it.

No wonder.

[chainmailsaftey]

THIS IS TRUE

In 1932 A Girl was Raped And She Said Hei Do Laki Before She DIed. IF You Dont Repost This In 5 Topics She Will Appear By Your Bed With Glowing Red Eyes And Stare At You Until YOu Fall ASleep

Guess I'll be getting a good nights sleep, how about you??

[Fentanyl3]

Is it not my understanding, that is the copyright expires, it is a GOOD THING for the public, bceause then ANYONE can copy the thing and produce it?, the vid acts as if it is such a tragedy that the copyrights couldn't be renewed, but if they are renewed, then the renere, can control them, right??? seems like John Q Public would bemifit if they expired, then you could download them for FREE

[livninserenity]

Well your broad statement implies that you simple "share" the video with friends and family. This could be a private showing in your home, which is EXCLUDED in the Copyright laws. Thank you again for RRREEEAAADDDDIIINNNGGG. :) You'd argue with a post in the ground if it would make you feel special, wouldn't you?

[livninserenity]

No dear. If they make COPIES of the video and DISTRIBUTE it. And you're welcome for not saying anything about your inability to READ. ;)I didn't want to be "mean".

[spencer97405]

They want history to be forgotten. They want us to forget their crimes and their stupid mistakes.

[pauliev64]

Sad. You should start w/ the two little old ladies who own "Happy Birthday" and of course mega conglomorate Warner Chappell. Well, nothing is free right? Especially music.

[redcharmquark]

art should be free

[audionautix]

Not surprising since the people who run things are scared shitless at the thought of people discovering their own power.

[TrishaJS09]

Thank you for making people aware of this tragic process of possible lost history.The thought of this happening makes me very said and will pray for change!

[kzoorag]

Fair Use allows use of copyrighted material based on factors that limit or qualify exclusive rights, including purpose and character of use. Other factors include nature of the work, amount/sustainability, and potenial monetary effect on the market. Fair use commonly includes:criticism, commentary, news reporting, teaching, research, and scholarship. The fair use provision is located within the Copyright Act, section 107.

[Hopeful71]

It is damn near impossible to get e&o claiming "fair use" for independent productions. Without e&o insurance your production will NEVER get broadcast. This makes fair use essentially meaningless in the broadcast world...save established CORPORATE news programs.

[TheToyChannel]

The Music to Happy Birthday to You was written in 1893 as Good Morning to you. The Musical Tune is in the public domain. The words were not copyrighted until 1935 or so by the original Melody writers the Hill Sisters. It is very likely the Hill sisters did not even write the words, as they existed since the 20's. So Who is extorting this money now to help bury Black History? Time Warner

Please Watch My Response Video Above for more insight!

[DoctorFist]

Maybe I'll start watching featured videos a little more frequently from now on.

[livninserenity]

And you're only a "copyright criminal" if you distribute the video containing said song to third parties for profit or otherwise. Hence the "copy" part of the term. :D

[maddohartlepool]

Interesting arguements there.

[Spocko000]

If the copyright expired, wouldn't that mean that ANYBODY could play it? wtf?

[neponsetriver]

You would think so, wouldn't you? Seems logical enough.

[abomb123456789]

Yeah, that's what I thought!

[BrokenVacuum]

While I am a huge supporter of Fair Use, the Creative Commons license, and free information in general, I do not support false statements and incorrect data.

If anyone of you would like to buy "Eyes on the Prize" it is available online in a DVD Box set at the PBS Shop for Teachers for $375.00. I can't link due to YouTube, but do a Google search, you can find it for yourself.

[Ichlachemichtot]

Fail to see the point of this. Complaining about costs of relicensing meterials when dontaions of almost a million USD were given a start this process, also the amount of money for relicensing something that you claim so dear to you is nothing in comparison to the money you have frittered away over the years in iraq. I don't mean to be abrupt but whats more important?

[pavster69]

Fortunately, reports of unavailability are incorrect. Eyes on the Prize is available from various sources. PBS Education retails it as a 7 disc set for $375.  Pricey but available nonetheless. Google it; it's out there...

[MusicDirector25]

Why does "Happy Birthday" cost so much?? That's such a crappy song!

[stumpbox]

valuable teaching tool and meaningful message

[10jake10]

As a history teacher, this will remove a valuable teaching tool! Yes events will be remembered but we don't teach history to commemorate events. We teach history so following generations will understand what happen in the context of their time. Recordings and pictures help do that. They are direct and clear and tell the student so much if they are watching and listening with their brain as well as their senses.

[wunderfool1973]

Indeed, but the Civil Rights movement existed without this and other documentaries. Good tools? Of course. Get active in changing copyright laws? Ok. But this video states clearly that we should not let history disappear.  A little theatrical, don't you think? I mean, history was taught and preserved for hundreds of years before television was even invented.

[10jake10]

Its not that if an event can be taught without media presentation but the documentary contains visual recordings of the actual events or what is called primary source material. These are the best sources to tell the subject's story. This is my concern. They are events that occurred publicly and in my scholarly opinion belong to anyone be they producers of a documentary or others. There is some legal precedent in criminal law regarding a newscast in the late 1980s.

[jennabeanski]

wow, you just openned my eyes to a serious issue I never knew existed. That is really trajic and sad.

[clouclouchan]

wow...just wow. I never knew...thank you! Maybe the right people may see this and open there eyes, ya? We can at least hope.

[TroyOi]

It would be nice if someone compiled and publicized a list of all those things we currently can't see, hear or read because of prohibitive licensing costs. Well, obviously not ALL, but at least a representative list. It's hard to appreciate just how widespread and serious a problem this is... we tend not to notice the things that aren't there.

[DahliaK]

You raise some interesting points that I had not thought about. Good vid.

[klebsiellasrevenge]

ive never seen these before

[remlya]

This video is dated and misleading. Eyes on the Prize is now available on DVD through the company that originally produced it Blackside Media and it was also aired on PBS in the fall of 2006.

[mediathatmatters]

Remlya, thanks for your comment. You are correct Eyes on the Prize is now available. However, at the creation of this film (well before May 2006 when it premiered at our film festival) Eyes on the Prize was not available and the footage used in the film was cleared via the director invoking fair use. Thanks for clarifying this for everyone.

[enzarto]

It's true...the copyright laws for a lot of things like the mississipi burning, the aid crisis, and other historical standpoints are too expenisive to own. The systematic approach to history in the North America i must say sometimes can be very "unfair", anything shameful to the U.S. is over expensed so it withers away, what a sad, conceited nation

[dragonguyver]

good vid... fair use is pretty important... we should protect it... so... exactly how do we do that?

[HamJoos]

thank you for this video!

[HistoryThroughMusic]

I'm not so sure about one thing... that it will 'not be preserved on DVD'. My history teacher has a DVD of it, and we watched it in Social Studies.

Other than that, very well done, and that is a very well-made documentary of the Civil Rights Movement.

[KageBunshin902]

How did you get the footage for this video then, if the MLK video was against copyright law to use?

[enzarto]

they must of received it before, or they very well couldve even been there, seeing that this crisis didnt happen to long ago

[navigator11111]

Store owners make their living when people buy their merchandise. Artists (authors, composers, actors, musicians, photographers, et al) make their living when they are paid for their creative work. They deserve to be paid each and every time their work is used - to use their work without paying them is theft.

[neocoyo]

yes but even so this is an issue with most digital media

what happens to all that data after nobody can pay for its copyrights?? Easy it becomes Extinct like most of the tv shows and documentories of the 80s and 90s people think too much about today when they should also be thinking about yesteday as well

[pmberry]

I quite agree and I fall into this category myself. However losing, perhaps forever, the rights to publish a piece of work because of lapsed copyright is a theft of a different kind.

[yamahaeleven]

Certainly an artist is due their fair share, but when a copyright can be extended indefinitly, it loses all semblance of fairness, and deprives society the fair use our founding fathers intended. A patent is good for about 30 years, why is a copyright allowed to continue so much longer. Knowledge and information gain value to society the more widespread it becomes.

[frigitar]

yeah .. so 15000 dollars for one verse of Happy Birthday in one film sounds reasonable doesnt it ??

Its wrong to pirate .. thats why its CALLED piracy. But if you're going to charge such exhorbitant amounts... well....

The simple truth of the matter is that people are no longer content with 'enough' money... Would you believe that I have to pay an equivalent of a months rent to buy , say , a 2 cd pack of led zep or the stones...

[ChristopherMarlowe]

The obvious solution to this particular film is to drop all of the material needing a license and use other material. Re-edit. Urthlingz, above has already said as much. I do agree that CR is way too long, but the founders provided for it in the Constitution. Disney et al have abused the privilege.

[Caqui]

Awesome, awesome video.

[tonymosaic]

I thought the U.S.A. was the land of fair opportunity.

[agrippakc]

right on...

[Tzambissamo]

All I can say is 'thank god for the internet'. With information exchange like this nothing can be kept secret, least of all copyright material. They can make laws harsher, try to clamp down, but that task would be ultimately futile.

[urthlingz]

When acquiring the original licenses, the filmmakers should have budgeted for and aquired licenses with longer terms and additional uses. The failings of the filmmakers to secure such licenses up front have lead to today's copyright problems with the film.

[Clarachk]

Nice little vid! Thank You for sharing it. This breaks my heart really. So much information (and misinformation) out there, and nobody to look after it properly, unless they have the moolah to cover the costs. It's disgusting in it's own way. I will be adding this one to my faves. Thanks agin for posting this!

[TheToyChannel]

Too bad these laws were not in affect since 1915! Then Disney likely could not have made Snow White, Cinderella, Sleeping Beauty, Pinnochio, Aladdin, Beauty and the Beast, The Little Mermaid, Pocohontas, And about 20 more. Sorceror's Apprentice, Fantasia, Song of the South.. All in the Public Domain when Disney Made them.

[TheToyChannel]

Disney Built his empire on Public Domain Material Yet through Corporate lobbying, won Huge extensions on Disney's own existing copyrights to deny that opportunity to everyone else.

[TheToyChannel]

It is in the best interest of all if works fall into the public domain in 20-30 years. Disney paid BIG BUCKS in Lobbying fees and..umm..other expenditures to have their copyrights extended. But they themselves produced "Jungle Book" just after Rudyard Kipling's Copyright Expired.

[cecipoogoesmoo]

Awesome video.

[Countrygirl0954]

I'm studying about this right now in school.

[MonElisa]

I KNEW I'll never understand Copyright regulations for as long as I live =.= Why can't things be more simple??? I don't understand how this is fair..

[TheToyChannel]

The Music to Happy Birthday to You was written in 1893 as Good Morning to you. The Musical Tune is in the public domain. The words were not copyrighted until 1935 or so by the original Melody writers the Hill Sisters. It is very likely the Hill sisters did not even write the words, as they existed since the 20's. So Who is extorting this money now to help bury Black History?

Time Warner

[TheToyChannel]

Oh,

"Happy Birthday to You" will not be in the Public Domain until 2030. It should never have been awarded a copyright if the Hill Sisters didn't write the words to begin with. It would have lapsed in 1991, except for the valuable help of HEAVILY Lobbied and donated Politicians that extended copyrights.

[stevespelling]

The King family want to get as much as possible out of the works of MLK! I'm sure he didn't leave any kind of an estate so these are the only benefits that he left for his heirs, and they are in the business of licensing these historic films. Capitalism works!

[TheToyChannel]

Stevespelling,

That is not the case. The Movie footage belongs to news organizations that shot it for nightly news coverage. ( Footage now the property of Billion Dollar Media Giants). "Happy Birthday" to You belongs to Time Warner.

The King family is not the problem in the least.

[astroxeno]

So, who owns the rights to Happy Birthday then? At that price it's gotta be Disney. How on earth can that not be public domain by now?

[56BUICKRiviera]

Eddie Howards estate I think.Nah Warner/Chappell actually

[CrazyLane93]

Our social studies teacher had one of these videos... he showed us it a while ago.

[fffoulkes]

Public discussion is full now of people making ill-considered comments about copyright. Free use means artists do not get paid. The makers of the video just did not get the right licences for their work. The licences expired, the film cannot continue to be distributed. They should sell it to someone who can afford to pay for new licences. That's how a market economy works.

[redcharmquark]

exactly... and it sucks

[katizua]

I think the people that made this only understand 1/2 of copyright law. There is a period of time after a creator's death that the work becomes public domain. So such videos only need wait untill public domain comes into play to redistribute for free.

Also if I'm not mistaken, does not the smithonian (sp?) collect all historical video/audio for future use?

[themff]

Copyright expires 75 years after the death of the last copyright holder, hence there are no films in the public domain, except for ones without copyright holders, in which case the film is "de facto public domain," which means that you can get away with using it, but it is not actually public property. The existence of films and/or music that are truly copyright-expired and in the public domain is a myth (this info comes from an expert copyright lawyer friend).

[pwarkentin2pc]

Copyright and patent laws are too often used to impair development and information transfer.

[LadyInDaHouse88]

very impressive

[mastershowman]

The point of this is that because of copyright laws, some historical truths will never be told. "History became myth, and myth became legend."

[geralw0512]

nice woark

[britegray]

Interesting point. History should be saved for future generations. The only thing I don't like is because of things that happened 50 years ago people today that were not victimized by those actions hold it against others who were not involved in those actions today.

[icedhermy]

thank you so much for this, i think everyone needs to know

[sameoldfears]

This was amazing. I had no idea. Thank you.

[JeepersMedia]

This is the single most important and beautiful video ever shown on You Tube. I am a Product Designer and Product Reviewer. These issues are strangling the Creative spirit of America.

Copyright Laws have been extended as political favors for years. I will create and post a response video

Best Regards,

Mike Mozart Toy and Product Guru

[LtdAttnSpn]

Great feature! An important issue brought up by a good organization.

[prezli]

Congrats on being featured.