Reviews: Copyright and Fair Use
Cathryn Wilkinson
RE: Copyright and Fair Use
Hello, Peggy! Your comments are so thorough and clear, as always!
I don't pretend to have legal answers, but here are some thoughts after reading your questions:
1) How much transformation is required to claim a creative work as new? For example, creating a mashup recording or adding a mix of sounds in personal videos. The reproduction right states that, “It is not necessary that the entire original work be copied for an infringement of the reproduction right to occur. All that is necessary is that the copying be "substantial and material.“
The Fair Use Chart linked up on the course web site for Unit 12 gives guidelines for the % of works that is generally allowable. In many cases, it is 10% or less of the whole work that can be copied or distributed under Fair Use.
2) Does the distribution right mean that once I buy a $.99 song off of iTunes I can use it and add it to a video I post to YouTube without permission or penalty? According to the distribution right it is limited by the “first sale doctrine.” The copyright holder controls the first distribution of a particular authorized copy but after the first sale or distribution of a copy, the copyright holder can no longer control what happens to that copy.
iTunes may have some usage guidelines that you agree to when purchasing a song (I'm not sure). If someone posts a video on YouTube with and iTunes song, and thereby reduces the likely economic gain for iTunes, then they might be considered as infringing on iTunes' copyright. I read that "First Sale doctrine" applies to distribution, but not to reproduction. It might take a lawyer to settle this one!
Min Pan
RE: Copyright and Fair Use
Hi Peggy,
I find your personal story with YouTube and vs. your former employer interesting and a good illustration for how copyright law protects the author.
My understanding of the “First Sale Doctrine” also says that it applies to “distribution”. When you add the purchased song to a video, it does seem to be “reproduction” as Cathryn pointed out. I think it would be infringement but I am not sure. However, if your video is a remix and can defined as “new work”, then “Works that create new meaning for the source material may be considered fair use” (Quoted from YourTube's Copyright site). YouTube gives this video http://youtu.be/HfuwNU0jsk0 or https://www.youtube.com/yt/copyright/fair-use.html#yt-copyright-myths as an example of a remix that creates new meaning and therefore use of the copyrighted materials is fair use.
Min
RE: Copyright and Fair Use
Hello, Peggy! Your comments are so thorough and clear, as always!
I don't pretend to have legal answers, but here are some thoughts after reading your questions:
1) How much transformation is required to claim a creative work as new? For example, creating a mashup recording or adding a mix of sounds in personal videos. The reproduction right states that, “It is not necessary that the entire original work be copied for an infringement of the reproduction right to occur. All that is necessary is that the copying be "substantial and material.“
The Fair Use Chart linked up on the course web site for Unit 12 gives guidelines for the % of works that is generally allowable. In many cases, it is 10% or less of the whole work that can be copied or distributed under Fair Use.
2) Does the distribution right mean that once I buy a $.99 song off of iTunes I can use it and add it to a video I post to YouTube without permission or penalty? According to the distribution right it is limited by the “first sale doctrine.” The copyright holder controls the first distribution of a particular authorized copy but after the first sale or distribution of a copy, the copyright holder can no longer control what happens to that copy.
iTunes may have some usage guidelines that you agree to when purchasing a song (I'm not sure). If someone posts a video on YouTube with and iTunes song, and thereby reduces the likely economic gain for iTunes, then they might be considered as infringing on iTunes' copyright. I read that "First Sale doctrine" applies to distribution, but not to reproduction. It might take a lawyer to settle this one!
Min Pan
RE: Copyright and Fair Use
Hi Peggy,
I find your personal story with YouTube and vs. your former employer interesting and a good illustration for how copyright law protects the author.
My understanding of the “First Sale Doctrine” also says that it applies to “distribution”. When you add the purchased song to a video, it does seem to be “reproduction” as Cathryn pointed out. I think it would be infringement but I am not sure. However, if your video is a remix and can defined as “new work”, then “Works that create new meaning for the source material may be considered fair use” (Quoted from YourTube's Copyright site). YouTube gives this video http://youtu.be/HfuwNU0jsk0 or https://www.youtube.com/yt/copyright/fair-use.html#yt-copyright-myths as an example of a remix that creates new meaning and therefore use of the copyrighted materials is fair use.
Min