YouTube Copyright Ruling Sets Fair Use Guideline

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This should be of interest to any members who post videos on You Tube or post others videos.
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http://www.nytimes.com/2015/09/15/b...t-ruling-sets-fair-use-guideline.html?src=twr

YouTube ‘Dancing Baby’ Copyright Ruling Sets Fair Use Guideline
By BEN SISARIOSEPT. 14, 2015

In February 2007, Stephanie Lenz, a mother in Gallitzin, Pa., went on YouTube and uploaded a 29-second video of her toddler dancing while Prince’s song “Let’s Go Crazy” played in the background.

Prince’s publishers objected, Ms. Lenz filed a lawsuit, and for more than eight years the case has been symbolic of the clashes over copyright online.

On Monday, the United States Court of Appeals for the Ninth Circuit, in San Francisco, cleared the way for the case to go to trial, and set a guideline that may change the way media companies police their holdings online. In its decision, the three-judge panel ruled that copyright holders must consider fair use before asking services like YouTube to remove videos that include material they control.

The suit, known as the “dancing baby” case, has become famous for its focus on the kind of Internet activity that millions of ordinary people engage in, posting candid videos of family and friends that may only incidentally include copyrighted media like songs. The Electronic Frontier Foundation, an advocacy group that represented Ms. Lenz in her lawsuit against Universal, called the judges’ decision a victory for Internet users.

“Today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech,” Corynne McSherry, the foundation’s legal director, said in a statement.

A spokesman for the Recording Industry Association of America, Jonathan Lamy, said, “We respectfully disagree with the court’s conclusion about the D.M.C.A. and the burden the court places upon copyright holders before sending takedown notices,” referring to the 1998 Digital Millennium Copyright Act.

In her suit, Ms. Lenz argued that her use of Prince’s music was protected by fair use, which allows the use of copyrighted material under certain conditions like commentary, criticism or news reporting.

The case also came to represent the split between Hollywood and Silicon Valley over copyright.

The Motion Picture Association of America and the R.I.A.A. both supported Universal, which argued that fair use should be considered an “affirmative defense” only when part of an infringement suit. On the other side of the issue, Google, Twitter and Tumblr rallied behind Ms. Lenz.

The judges ruled that fair use was “uniquely situated in copyright law so as to be treated differently than traditional affirmative defenses,” and copyright holders like Universal must consider fair use before issuing takedown notices.

Even paying “lip service” to the consideration of fair use is not enough, and could expose a copyright holder to liability, the judges ruled.
 

Mackeyser

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Yeah, in the past, takedown notices could happen with stuff happening in the background. All those family BBQ home movies become in danger because the music in the background is copyrighted...

Hope Lenz keeps winning.
 

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This is precedent now and can only be overruled by the Supreme Court. Prince is notorious for protecting his copyrights. She would have been wiser to use someone else's music for her video.
 

-X-

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In its decision, the three-judge panel ruled that copyright holders must consider fair use before asking services like YouTube to remove videos that include material they control.
I used the Fair Use defense on ALL of my videos, and I enumerated all of them.
Mine weren't for monetary gain.
And they were solely for informational purposes.

And for whatever reason, my "All of Bradford's Throws Over 15 Yards" video is STILL being floated around the internet with over 300K views, and the NFL hasn't done shit about it. https://www.google.com/search?q=All...9i57j69i61&sourceid=chrome&es_sm=122&ie=UTF-8
 

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I used the Fair Use defense on ALL of my videos, and I enumerated all of them.
Mine weren't for monetary gain.
And they were solely for informational purposes.

And for whatever reason, my "All of Bradford's Throws Over 15 Yards" video is STILL being floated around the internet with over 300K views, and the NFL hasn't done crap about it. https://www.google.com/search?q=All of Bradford's Throws Over 15 Yards&oq=All of Bradford's Throws Over 15 Yards&aqs=chrome..69i57j69i61&sourceid=chrome&es_sm=122&ie=UTF-8

You should send that video to Dilfer and Berman after their ridiculous remarks that most of Bradford's throws are of the shorter variety. How many of your videos have they shut down?
 

-X-

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You should send that video to Dilfer and Berman after their ridiculous remarks that most of Bradford's throws are of the shorter variety. How many of your videos have they shut down?
On my original account they mass executed all of them in one swift blow. They were up for months and months and months, and then all of a sudden they put a claim on at least 12 of them. Which prompted YouTube to terminate my account.
 

LesBaker

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The Internet will win.

It will remain undefeated. It's the only thing known to man more powerful than sex or death.

It will become more invasive and you will welcome that.

2001_hal.jpg
 

Elmgrovegnome

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This is precedent now and can only be overruled by the Supreme Court. Prince is notorious for protecting his copyrights. She would have been wiser to use someone else's music for her video.

Well she could have posted a new video with the toddler dancing to a song that she made up about a Prince who was a little whiny bitch.