CIS Fair Use Legal Experts Answer Fair Use Questions - Stanford Center for Internet and Society

Stanford Center for Internet and Society

On April 21, 2011, YouTube invited the public to ask our CIS Fair Use experts questions regarding fair use.
http://youtube-global.blogspot.com/2011/04/mashups-parodies-and-lip-dubs-ask-...

Anthony Falzone, Executive Director of the Fair Use Project, and Julie Ahrens, Associate Director of the Fair Use Project, answer a selection of questions.


5:45
I am at an event, restaurant, or other public place and a band or the radio is playing in the background but I do not intentionally record the band or radio. I am filming something else. The music is out of my control. Is this fair use?

6:41
A movie was filmed in my city a few years ago. I want to film some of the filming location to show people where each scene was filmed. I want to place small clips of the movie side-by-side with my video. Is this fair use?

7:18
If I keep my video clip under a certain number of seconds am I in the clear?

7:53
Does a parody video fall under fair use when the visuals are almost entirely from a non-original source (cartoon, gameplay), but it is completely rewritten and re-voiced in a humorous manner?

10:05
If I dub over an episode of a cartoon with my own voices and change the dialogue for parody's sake, am I legally in the clear?

11:20
Can one claim fair use preemptively when posting content to avoid takedowns? Also, what non-court options are there for resolving a copyright/fair use dispute?

12:21
If I am uploading YouTube videos of captured video and commentary of video games as I play them am I violating copyright?

14:16
If I do a parody of a song, can I use the same music, exactly like the original (as long as I or a music composer recreate it from scratch) or does it have to actually sound a bit different (like Conan's version of "It's Friday" did)?

15:33
If I'm doing a news program where I report on a story am I allowed to use video footage or photos pertaining to that story?

17:23
Can you make money off a movie you produced that was inspired by another book or film as long as the story is unique? Like a fan film that exists in the same universe but with original characters and storyline? Is this fair use?

21:21
Can I perform a copyrighted song in a YouTube video? Can I teach how to play it? Can I show guitar tablature or music notation?

23:29
What kind of categories fall under fair use (review, education)? What if the clip you're using doesn't fit into one of them, can it still be fair use?

24:32
If I want to make software video tutorials and I record my screen with software being shown throughout the video, does that qualify as fair use?

26:04
If I use 2-3 seconds of a video for a mashup but give credit to that video owner, is it fair use?

28:14
Can I review a movie based on one element in that movie, and include clips from that movie in my review without violating copyright? Keep in mind, I am essentially promoting that movie and I am not making any money from the review.

29:23
Are there any cases in which posting the uncut entirety of another's content could be considered fair use? For instance, if commentary is located in the description or annotation fields, and not on the video itself?

30:42
Is there a way to give credit to the original owners of the content in a mash up, similar to how you make a Works Cited page for an academic paper?

31:26
Can a person use actual clips from a movie, i.e. Star Wars, if he green screens himself into them to change them for comedic purposes under YouTube's understanding of Fair Use?

33:24
I've heard and seen content owners complaining about content that they don't own. Is there a way to take legal action or at least right those wrongs?


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Category:

Education

Tags:

• cis
• center for internet & society
• fair use
• anthony falzone
• julie ahrens

[kutepumpkin25]

I like adding music to my home made videos. I like the Beatles music mostly but how do I ask the Beatles permission to add their kind of music to go along with my pictures video? I like Michael Jackson's music too but he is not around anymore so I can't ask his permission. Who do I ask? Watching videos without background music is boring to me. I know I can't ask the actual singers for their permission to use their songs on my videos. I just want to know who I'm supposed to ask. Thanks

[DARKWAFFL]

I uploaded a video that I made and it said Matched 3rd Party content and I was creating it from webcam tell me why I had to del my own video because i do NOT like doing that.....

[Inspironator]

Very helpful and informative, quite detailed discussion and examples too. Good to know before the fact...but Youtube should be more of a defender of the rights of it's contributors!

Bottom line: Not always so clear cut, but I don't see the takedowns that I've come across on Youtube as copyrighted material, as presented! That's discouraging.

Proactive Suggestion: Explain how to prevent or dissuade others from using my material if I am concerned about others using my material!

Cheers!

[tahirdobaz]

can i watch movies on youtube.? is it legal or illegal? Please some one answer

[creepervision40]

so would it be ok with out getting in trouble to use music from a game in one of my videos

[Necromortis61]

Now I know that I can make videos using movie content but can't profit. Sad but meh

[demonjack123]

THe dudes voice is soothing! And helped me about the video game fair use.

[Hi675445]

giving credit only makes it not copyright if you have promison and they saying if you give us credit you are OK eg Xtranormal and for minecraft you have to buy the game then you can do what you like

[jonathancarter1982]

What if I'd like to do reviews on music videos? Am I allowed to include short clips of the music videos in my video review?

[banghowdy09]

Great information here. Thanks