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/20...

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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[xJustFrancis]

Thumbs Up If RPM rought You Here :D !

[fourfame4]

Conclusion is no one knows, not even the lawyers.

[RotNSteejo]

You have to gain permission from the copyright owner to use the music in your video game. If you need any more info send me a message.

[Charles Crowder]

I have a question. if I am creating a video game and I want to use copyrighted music in my video game, how can I put the music in the game legally? Please help me, I have asked everyone and either no one knows or they don't answer my question.

[SSJ32Gohan]

is uploading a performance from a tv show like The Voice fair use? its only 3 minutes out of a 45 minute show..

[numuves]

Sorry to hear that... :( I know, it's effin scary to go head to head with a corporation with their legion of lawyers. If you did win though you could set a precedent no? And then all of us youtubers could hold you over our heads as our hero for beating them!!! lol Of course that would probably cost you your house (if you lose) and years of your life.

[CccpEntertainment Kraftz]

as I said I love lawyers

we are saying nothing about nothing.If you want more detailed information on the issue we can summarize it for you on 300 or more pages which you will never read or understand. we will bill you of course

major corporations who are after copyright can do whatever they want anyways as its impossible to win a legal battle against them. I recently had an experience with my video wrongfully taken down which was a total pain and took two weeks to restore and lot of hassle.

[Jay Dee]

Thank you so much. This helped me tremendously. You should be around people who tell you you're awesome, otherwise that's bullshit.

[adrian belbe]

Have you read about Intellitus Cash System? (look for it on google) It is a simple way to get more money fast.

[Maricarmen Marroquin]

but they just said that a disclaimer doesn't mean that you won't be sued and that it's not a safe-bullet. lol, so I guess you could still make a case out of it.

[numuves]

They're smart and they know that they might be held legally responsible for people's claims if they don't make that statement.