Tag Archives: fair use

Fair Use and Online Video

Of all the videos I have uploaded to You Tube, none has been as controversial as an innocuous demonstration of how to use You Tube’s Audio Swap. It has more views and comments than all my other videos combined. What’s so fascinating about that video?

Well, nothing, really. It’s the topic that has blood boiling.

You Tube sometimes yanks videos that violate copyright law.

Kids (mostly) want to use their favorite song as a soundtrack for their latest video, and record companies want You Tube to pay royalties or remove copyrighted material.

As a compromise, You Tube introduced audio swap – a limited (and admittedly feeble) collection of royalty free music that can replace your illegal audio track.

This is not popular with people who are heavily invested in their music.

However, if you are invested in your business rather than in your background music, you probably want to avoid Take Down notices and other copyright problems.

American University’s Center for Social Media has plenty of material that will help guide you through these stormy waters. They’ve just released an excellent new video called Remix Culture: Fair Use Is Your Friend and a Code of  Best Practices in Fair Use for Online Video.

Watch the video then download the Best Practices Guide.

h/t to WebUniversity Blog

What Is Fair Use

Dramatic Chipmunk

Online videographers struggle with the concept of “Fair Use.” Is adding a copyighted song to a photo collage in order to create a mood fair use? What if you declare the product non-commercial? Can something be fair use if you intend to make money with it?

The American University Center for Social Media has released a very interesting report on fair use of video online that explores the 6 best practices for fair use and also explodes several popular myths. It even mentions the Dramatic Chipmunk – so it must be good.

The Six Best Practices in Fair Use for Online Video are:

  1. Commenting On Or Critiquing Of Copyrighted Material
  2. Using Copyrighted Material For Illustration Or Example
  3. Capturing Copyrighted Material Incidentally Or Accidentally
  4. Reproducing, Reposting, Or Quoting In Order To Memorialize, Preserve, Or Rescue An Experience, An Event, Or A Cultural Phenomenon
  5. Copying, Reposting, And Recirculating A Work Or Part Of A Work For Purposes Of Launching A Discussion
  6. Quoting In Order To Recombine Elements To Make A New Work That Depends For Its Meaning On (Often Unlikely) Relationships Between The Elements

It’s a very interesting discussion. You can download a PDF of the full report here.