Earlier quoted context omitted.
Which "they" are you referring to, Lionsgate?
Correct.
In all fairness, many people aren't going to want to watch, read, or associate themselves with Twilight after viewing this video.
Buffy vs. Edward Remix Unfairly Removed by Lionsgate
21–30 of 73 posts
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#22Earlier quoted context omitted.
He's been responding, and responding to counter-responses, and then responding to secondary-takedowns, then counter-responding to secondary takedown denials for quite a while. I think it's appropriate to bring this into the public view.
Yeah he definitely did the due diligence before bringing it public... On a side note, he did post his video here with popups that are basically an "American Pie" like parody of popups in films... except that I think the popups are supposed to be serious. They make watching the remix utterly impossible though. http://www.rebelliouspixels.com/popupvideo/
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#23I think he could have waited the two weeks to get an answer for his counter-notification before raising torches and pitchforks.
He's gone through multiple rounds of appeals and much legal wrangling. Exactly how patient would you recommend being?
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#24The article links to an independently hosted HTML5 copy of the video, in case you want to see it first-hand. It's very cleverly done, quite amusing (at least if you're a Buffy fan), and definitely looks like fair-use: http://www.rebelliouspixels.com/popupvideo
Man, those textual pop-ups are annoying!
ADDED. Version without the pop-ups: http://www.rebelliouspixels.com/downloads/Buffy_vs_Edward_36...
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#25Basically it looks like YouTube is too scared of lawsuits to acknowledge any fair use rights exist at all. Either you agree with ads, or your content is getting removed, the whole appeals process may work only if the content is not actually copyrighted, but is completely useless for fair use grounds as claimant can just repeat their claim of copyright ownership (which is true) and have it deleted anyway.
That's absurd. Youtube provided extensive avenues of dispute and appeal. I think Lionsgate is wrong in this case (although I'm not wholly sure, because using their source material for ~30% of the video is pretty substantial in my view), but Youtube isn't there to act as a court or arbitrator. by law, it has to respect the claims of copyright holders. It is not the agent of those seeking to use copyrighted material on…
Youtube is respecting the claims of copyright holders a lot more than it has to by law.
1. The entire pre-DMCA-takedown process (the first round of complaint and appeal) is not required by law. I think it's a good idea in general (it's nice to have a low-stakes option before you launch into the DMCA process) but the immediate presumption that the complainant is in the right is offensive. Something like "we will start displaying ads if you do not dispute within 24 hours" would sit a lot better.
2. Once the DMCA process has started, the poster was required to go through Youtube's "copyright school", and was limited to posting only short videos. I wish they would wait until one or the other party lost the dispute before doling out punishment and education.
Youtube is within its rights to behave this way, but it's Youtube's choice, not something required by law.
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#26I think there is a real possibility that this maneuver could blow up in Liongate's face. Presumably there are some important decision-makers who take the argument for fair use seriously: that's why this dispute process exists in the first place. This video is an exemplar of what normal non-lawyer people would classify as fair use, if they're familiar with the concept at all. If Liongate's lawyers are willing to get in the mud over a few ad dollars (rather than the high-sounding crap we usually hear from the content industry), and they get their way, then clearly the system requires more protection for fair use. They might not have run this plan by all the suits at MPAA.
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#27Doesn't look like fair-use to me.
The rebelliouspixels version, with its extensive on-screen critique is fair-use since it appears to be a critique. But if the original YouTube version lacked that, then the video devolves into little more than a fanfic video by a Buffy-loving Twilight-hater.
Even the rebelliouspixels version appears to contain far more "quoting" of the original material than is needed for its critique.
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#28Earlier quoted context omitted.
> although I'm not wholly sure, because using their source material for ~30% of the video is pretty substantial in my view It's a bit of a side track, but: Any commentary on a work could reasonably be expected to feature that work substantially, couldn't it?
I think there's a difference between quoting something in a review or as part of a presentation about film theory (or whatever), and quoting it in the context of a remix, where you're essentially engaging in fan-fiction first and commentary as a distant second (because the commentary is implicit and arguably subordinate to the entertainment function). Now I am in favor of fairly wide latitude for this sort of reuse,…
While a remix, it is also commentary on the work itself.
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#29So they got advertisment money based off something that was 2/3 content owned by another big media company?
Making money doesn't mean "not fair use." Just like not making money doesn't mean "fair use."
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#30Earlier quoted context omitted.
He's been responding, and responding to counter-responses, and then responding to secondary-takedowns, then counter-responding to secondary takedown denials for quite a while. I think it's appropriate to bring this into the public view.
Yeah he definitely did the due diligence before bringing it public... On a side note, he did post his video here with popups that are basically an "American Pie" like parody of popups in films... except that I think the popups are supposed to be serious. They make watching the remix utterly impossible though. http://www.rebelliouspixels.com/popupvideo/
The pop-up video played fine (without the popups) on my iPad.