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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

#41

Post by damncabbage »

anigbrowl wrote: post #6
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.

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…

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) ...

Please see http://news.ycombinator.com/item?id=5033525 above.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#42

Post by discountgenius »

> This is what a broken copyright enforcement system looks like.

Alright, so how do we fix it? How can content producers protect themselves from legitimate copyright infringement on services such as YouTube that allow unverified uploads on a massive scale?

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#43

Post by ecspike »

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

I was a fan of Pop-Up Video so I enjoy the aesthetic.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#44

Post by ecspike »

analog wrote: post #20
chc wrote: post #13

Earlier 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?

What's wrong with plain old writing? No reason to use any of the work at all imo. Video editing takes an insane amount of time in my experience.

Different mediums touch people in different ways. It was a labor of love to produce the work no doubt.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#45

Post by DannyBee »

georgemcbay wrote: post #15
zeidrich wrote: post #4

Earlier quoted context omitted.

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…

Google is full of smart people, certainly they could set up a system in which some videos are manually flagged as controversial but allowed specifically for situations like this, particularly in cases in which previous take-downs were successfully overturned.

There is no "controversial" in this kind of case. Either it's legal, or it's not. There is no "kinda legal but maybe not". While the inputs are not binary, the output definitely is.

So either Google has to decide that, or they have to let others hash it out. Youtube doesn't prevent you from, for example, all banding together and suing Lionsgate in a class action.

You could also try personal suits for tortuous interference with contractual relationships (Lionsgate is deliberately interfering with your relationship with Youtube). It may be viable in some states (others, definitely not).

There are plenty of options here, youtube shouldn't be deciding this stuff any more than anyone else (for example github complies with DMCA requests, and counter-notifications, despite what they think of the actual situation).

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#47

Post by betterunix »

jessaustin wrote: post #21
ajanuary wrote: post #12

Earlier quoted context omitted.

Correct.

In all fairness, many people aren't going to want to watch, read, or associate themselves with Twilight after viewing this video.

...and after seeing that Lionsgate is abusing my country's legal system like this, I will be sure not to give them a single cent of my money. If these companies want to know what it really means to "lose sales," we should show them by boycotting.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#48

Post by pervycreeper »

While I agree categorically with the necessity of allowing fair use, and the perniciousness of copyright cartels, I was nonetheless very tickled by this whine:

>But sure enough when I checked my channel, Lionsgate was monetizing my noncommercial fair use remix with ads for Nordstrom fall fashions which popped up over top of my gender critique of pop culture vampires.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#49

Post by shardling »

javajosh wrote: post #31
hollerith wrote: post #24

Earlier quoted context omitted.

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.

That was a tech demo for popcorn.js, showing how you could replicate the popup video feel. The bubbles are overlaid on top of the html5 video and controlled through javascript.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#50

Post by anigbrowl »

damncabbage wrote: post #41
anigbrowl wrote: post #6

Earlier quoted context omitted.

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…

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) ... Please see http://news.ycombinator.com/item?id=5033525 above.

I read that, and am still not fully convinced; the Register's comment was normative rather than descriptive, and while I think that's how things should be in law you have to deal with things as they are.
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