Lawyer: Fair Use is Free Use

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A lawyer discusses why he believes that it is stealing (though likely not criminal) when record companies and other Copyright holders use Copyright claims on the content ID system to demonetize videos that they believe constitute fair use for using a short segment of a song or a short clip of a sound recording of a song. This greatly impacts music education and commentary RU-vidrs like Rick Beato, Paul Davids, Charles Berthoud, etc. ‪@RickBeato‬ ‪@PaulDavids‬ ‪@DavidBennettPiano‬ ‪@MusicisWin‬ ‪@AdamNeely‬ ‪@CharlesBerthoud‬
Disclaimer: This video does not provide legal advice. Do not rely on the accuracy of the video. I do not warrant the accuracy. No attorney-client privilege is created or implied.

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14 окт 2024

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Комментарии : 9

@DavidBennettPiano 6 месяцев назад

I’ve struggled with this a lot! I’m glad to say that roughly 90% of my the time when I dispute copyright claims on the grounds of fair use, but it is so frustrating what a minefield it is and how I have to play much shorter clips than I would like!

@LawLaughsMusic 6 месяцев назад

Thank you very much for taking the time to watch and comment. It seems to me that you guys get absolutely screwed on the content ID claims. I would love to see more of you guys fighting the content ID claims all the way when fair use is obvious, and then if the record company submits a DMCA takedown, disputing that and forcing them to either file a BS lawsuit or backdown. I imagine you and a lot of fellow music RU-vidrs are afraid to take on that risk (both of the lawsuit and the possibility the record company goes and finds three of your videos that are likely not fair use and then get you three Copyright strikes at once), but it's a shame. Even when Rick Beato did a series of videos about fighting the content ID claims all the way, he seemed to back down and not dispute the DMCA takedown notice.

@DavidBennettPiano 6 месяцев назад

@@LawLaughsMusic Rick has a different approach to most of us. Most RU-vidrs, including myself, will dispute if we think it is fair use (and will often then appeal as well if that dispute gets rejected). However Rick doesn't appear to mind too much if his videos get demonetised. What he gets really annoyed by is blocking.

@LawLaughsMusic 6 месяцев назад

That’s very interesting. So at what point do they usually back down? How often do they issue takedown notices if you fight the content ID claim all the way through? Have you ever disputed a DMCA takedown notice, or at that point is it too risky? Your videos I’ve seen see to be pretty damn obviously fair use, and it’s silly to me when you have to get people to perform the clip of the song you are analyzing, but perhaps there are some videos closer to the line. I think most of Rick’s that I’ve seen are fair use, but some likely aren’t, like his top intro videos. But I think more of his videos are fair use than he thinks.

@DavidBennettPiano 6 месяцев назад

@@LawLaughsMusic I’ve had my videos DMCA taken down four times and thus got a copyright strike each time. 3 out of 4 of those times the strike was revoked after I emailed the label, however the video had to be reuploaded with the offending clip removed

@StaceJohnson 3 месяца назад

Hi! I stumbled across your channel as a fan of Fil's channel. I'm a writer and musician in a graduate program for publishing (words, not music) and watched a video from a copyright attorney where she touched on the topic of fair use. Her take on it was that Fair Use is not a legal defense, but a judge's determination *only*, and that trying to defend a case as fair use is much more likely to fail than succeed. She strongly discouraged my publishing cohort from using song lyrics or even references to songs in our written work. As a parody artist on the music side, I was very disappointed to hear this, as I had always been given the impression that parody was a fair use case, but in both your video and hers, parody is not even mentioned as a possible fair use provision. Yet Weird Al, Paul & Storm, Stan Freeburg, and various other parody artists have successfully released parody songs for decades. Can you speak to the legality of parody, and whether the law treats musical parody differently from fair use in publishing? Maybe in a future video?

@LawLaughsMusic 3 месяца назад

Thank you for a great post. If something is fair use, then it's not copyright infringement. Fair use most certainly can be raised as a defense in a copyright infringement case, assuming that there is a viable argument for fair use. That said, unfortunately, there often is a pretty big grey area where it is hard to predict how a court might come out on a fair use defense. That said, some things are obviously fair use, and some things obviously are not. As for parody, yes, parody can be a fair use. There's a famous Supreme Court case finding that a 2 Live Crew parody of Pretty Woman was fair use. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). You mention Weird Al. My understanding is that he was careful and chose only to make parodies if he received permission. So, a parody can be a fair use. But whether any particular song would be found to be a fair-use-parody would depend on the song. If you want to email with me with a more specific question, please feel free to do so: scott@lawbylg.com