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Buffy vs. Edward Remix Unfairly Removed by Lionsgate

rebelliouspixels.com

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Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#31

Post by javajosh »

hollerith wrote: post #24
greenyoda wrote: post #7

The 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...

>Man, those textual pop-ups are annoying!

Amen. I find it hard to get upset about the takedown notice when I want to take it down for melting my eyes. Perhaps this is unfair of me, but there it is. Thanks for the clutter-free link.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#32

Post by ajanuary »

danielweber wrote: post #29
ajanuary wrote: post #8

So 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."

By 'they' I mean Lionsgate.

For a period the video was up, but with advertisement revenue going to Lionsgate. They were getting revenue from something that was largely someone else's copyright. In spirit, if they think they should be getting money, then Buffy's copyright holders should too.

Of course, neither should automatically be getting revenue, fair use and all.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#33

Post by Karunamon »

zeidrich wrote: post #4
smsm42 wrote: post #2

Basically 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.

I think fear has little to do with it. They put in an automatic system because of the fact that they need to deal with so many claims. It's not that they fail to acknowledge fair use, it's that they err on the side of being restrictive in every situation because the law tells them to do so. When a DMCA takedown is filed they need to respond by removing the purportedly offending content. It's not their responsibility…

>On the other hand, laws exist to prevent people from submitting takedown notices in bad faith.

Realistically these laws are hard if not impossible to enforce. There's absolutely nothing stopping someone from filing a fake DMCA under a fake name and getting absolutely no retribution for their actions. Ask any up and coming YouTube content creator and they'll probably tell you they've been hit with fake DMCAs in the past, which immediately results in the user's video getting pulled.

After that point, the damage is done. Even if it comes back later, especially if the content is time sensitive, the troll won.

Considering that you have to prove actual bad faith (rather than just negligence) and have to have someone's actual identity to initiate a DMCA countersuit, the protection offered in the internet age is laughable.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#34

Post by [deleted] »

cjensen wrote: post #27

Doesn'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 critiqu…

[deleted]

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#35

Post by ryusage »

cjensen wrote: post #27

Doesn'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 critiqu…

> This past summer, together with the Electronic Frontier Foundation, I even screened the remix for the US Copyright Office at the 2012 hearings on exemptions to the DMCA. Afterward my Buffy vs Edward remix was mentioned by name in the official recommendations by the US Copyright Office on exemptions to the DMCA as an example of a transformative noncommercial video work.

It's definitely fair use.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#36

Post by cjensen »

ryusage wrote: post #35
cjensen wrote: post #27

Doesn'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 critiqu…

> This past summer, together with the Electronic Frontier Foundation, I even screened the remix for the US Copyright Office at the 2012 hearings on exemptions to the DMCA. Afterward my Buffy vs Edward remix was mentioned by name in the official recommendations by the US Copyright Office on exemptions to the DMCA as an example of a transformative noncommercial video work. It's definitely fair use.

Was the screening with the on-screen captions?

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#37

Post by appleflaxen »

cjensen wrote: post #27

Doesn'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 critiqu…

It's surprising how much weight the community gave your opinion, because the truth is that it really doesn't matter what your opinion is.

My comment isn't meant to be snarky; it's meant to point out the /ultimate/ absurdity of our copyright system - that you literally /cannot determine/ if something is or is not fair use without a judgment. As in a judge.

So while you make important points about the presence or absence of commentary, the fact that the video was transformed /at all/ means that it's no longer a determinable question.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#38

Post by ryusage »

cjensen wrote: post #36
ryusage wrote: post #35

Earlier quoted context omitted.

> This past summer, together with the Electronic Frontier Foundation, I even screened the remix for the US Copyright Office at the 2012 hearings on exemptions to the DMCA. Afterward my Buffy vs Edward remix was mentioned by name in the official recommendations by the US Copyright Office on exemptions to the DMCA as an example of a transformative noncommercial video work. It's definitely fair use.

Was the screening with the on-screen captions?

As to that, I have no idea. However, I would argue that the video is absolutely fair use even without the captions. Ignoring that its status as a critique is not strictly necessary for it to be fair use, the video would still be a critique without blatantly spelling out its point in words.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#39

Post by ghshephard »

cjensen wrote: post #27

Doesn'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 critiqu…

Where are you getting your definition of "Fair Use?"

From: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/...

"What Is Fair Use?

In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner....

Most fair use analysis falls into two categories: (1) commentary and criticism, or (2) parody....

A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that, by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original. "

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