http://bravenewfilms.org/topics/use 2008-12-01T14:52:11Z http://bravenewfilms.org/blog/61261-thefakesaganclown-and-the-necessity-of-fair-use 2008-12-01T14:52:11Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/dM21jXgtbPo&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/dM21jXgtbPo&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61261-thefakesaganclown-and-the-necessity-of-fair-use"><img src="http://bravenewfilms.org/pictures/medium/75876" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>Watch "INMENDHAM LIES AGAIN! (NEW & IMPROVED)" by thefakesaganclown. This is a perfect example of why Fair Use is so important and why the DMCA is so dangerous to free speech.</p> <p>http://www.youtube.com/watch?v=42q1uxCoZyM</p> <p>Unfortunately, the DMCA, and Youtube's implementation of the DMCA, provides a scoundrel's veto. We may need to use clips from a video of someone we are trying to expose to prove he is a liar or a cheater or a person who makes death threats. The DMCA gives scoundrels an upper hand. (None of this should be interpreted as calling Inmendham a scoundrel. This is a generalized discussion.)</p> <p>The REAL danger of the DMCA and Youtube's enforcement policy is that you must give up your anonymity in order to file a counternotice to get your video restored and to prevent your account from being jeopardized.</p> <p>Watch "Youtube's DMCA Loophole" by Voicesinthehead. Also, read the comments on this video. They are especially insightful and should be must reading by Youtube staff.</p> <p>http://www.youtube.com/watch?v=qAYLBro5QVM</p> <p>Then read the letter in the sidebar of this video by Pino Carafa (rozeboosje)</p> <p>http://www.youtube.com/watch?v=9cvBxvpAJjw</p> <p>Make sure you check out the comments on his video as well.</p> <p>And finally, I explain on my website why the DMCA is unconstitutional. Hint: it makes us give up anonymity when we file a counternotice.</p> <p>http://www.themaskedanalyst.com/The%20DMCA%20is%20Uncontstitutional.htm</p> </div> <a href="/blog/61261-thefakesaganclown-and-the-necessity-of-fair-use">Watch the video</a> http://bravenewfilms.org/blog/61253-high-drama-and-a-two-bit-dmca-complaint-pt-1 2008-12-01T14:52:10Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/qIoZ4J8eO24&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/qIoZ4J8eO24&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61253-high-drama-and-a-two-bit-dmca-complaint-pt-1"><img src="http://bravenewfilms.org/pictures/medium/75868" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>This is a series of videos about a dispute between Greg Solomon and Myrealitybytes that erupted after Greg used clips of Myrealitybytes' video to paint renetto as a plagiarist. Myrealitybytes sent a DMCA to Youtube and Youtube removed Greg's video. I examine whether renetto is a plagiarist and whether this was the proper use of copyright law.</p> <p>Renetto's video: "TUBE IT" - The UNofficial YouTube Anthem</p> <p>http://www.youtube.com/watch?v=80yQ4RUP-Mw</p> <p>The credits at the end of Renetto's video says "Written, Composed and Performed by Renetto".</p> <p>----------------------------------------------------------------------------------------------</p> <p>"renetto's toy" by MyRealityBytes shows that a major portion of the music that renetto used was in existence well before renetto wrote the "Tube It" song.</p> <p>http://www.youtube.com/watch?v=rke953hXAVw</p> <p>-----------------------------------------------------------------------------------------</p> <p>MyRealityBytes wrote to GregSolomon asking him to view her video. Greg jumped to the conclusion that most of us would jump to upon watching MyRealityBytes' video—that Renetto had stolen a major part of the music. Greg made a video in which he STRONGLY hinted that renetto was a plagiarist. (Greg did not claim this as a fact, but the hint was so strong that most people would come away from that video believing that renetto did indeed plagiarize.</p> <p>MyRealityBytes did not like the way Greg Solomon used her clips in his video, so she asked Greg to take his video down, and when he didn't she made this video:</p> <p> </p> <p>"Greg Solomon Is A YouTube Bully"</p> <p>http://www.youtube.com/watch?v=gyGwrOYNteM</p> <p>Pay close attention to the comments on this video. MyRealityBytes summed it up her feelings in the following two comments: </p> <p>"I also have a strong belief in what is right and what is wrong. Solomon used my video without my permission - which is wrong. Solomon says that I am accusing renetto of plagarism, when in fact, it is Solomon himself who is making that accusation. So that makes Solomon a liar - which is wrong. Solomon used my video to make me look like an ass - which is wrong."</p> <p>"So everyone should just be able to use everyone else's videos whenever we feel like it? I don't think so........."</p> <p>Myrealitybytes sent a DMCA complaint to Youtube and Youtube removed the video. Greg Solomon sent a counter notice, so the video should be back up in about 10 business days, unless Myrealitybytes informs Youtube that she is suing Greg.</p> <p>--------------------------------------</p> <p>Renetto probably should have been more thorough in crediting where he got his sound loops from, but I don't think what he did rises to the level of plagiarism. He explained how he made his song in the video entitled "How to build a song with 'GarageBand'"</p> <p>http://www.youtube.com/watch?v=iSIyXUE5h-k</p> <p>------------------------------------------------------------------------------------------------- <br />Code of Best Practices in Fair Use for Online Video <br />American University School of Communication Center for Social Media</p> <p>http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/</p> <p>"...the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work just because one person is arbitrary or greedy. <br />Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. It has been an important part of copyright law for more than 150 years. Where it applies, fair use is a right, not a mere privilege. In fact, as the Supreme Court has pointed out, fair use keeps copyright from violating the First Amendment. As copyright protects more works for longer periods than ever before, it makes new creation harder. As a result, fair use is more important today than ever before."</p> <p>--------------------------------------- <br />To understand why this was an improper use of the DMCA you must understand the purpose of copyright law and what constitutes Fair Use.</p> <p>The Purpose of Copyright Law:</p> <p>http://www.themaskedanalyst.com/The%20Purpose%20of%20Copyright%20Law.htm</p> <p>On Fair Use:</p> <p>http://www.themaskedanalyst.com/Fair%20Use.htm</p> </div> <a href="/blog/61253-high-drama-and-a-two-bit-dmca-complaint-pt-1">Watch the video</a> http://bravenewfilms.org/blog/61252-high-drama-and-a-two-bit-dmca-complaint-pt-2 2008-12-01T14:52:10Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/L2uSHacysao&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/L2uSHacysao&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61252-high-drama-and-a-two-bit-dmca-complaint-pt-2"><img src="http://bravenewfilms.org/pictures/medium/75867" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>This is a series of videos about a dispute between Greg Solomon and Myrealitybytes that erupted after Greg used clips of Myrealitybytes' video to paint renetto as a plagiarist. Myrealitybytes sent a DMCA to Youtube and Youtube removed Greg's video. I examine whether renetto is a plagiarist and whether this was the proper use of copyright law.</p> <p>Renetto's video: "TUBE IT" - The UNofficial YouTube Anthem</p> <p>http://www.youtube.com/watch?v=80yQ4RUP-Mw</p> <p>The credits at the end of Renetto's video says "Written, Composed and Performed by Renetto".</p> <p>----------------------------------------------------------------------------------------------</p> <p>"renetto's toy" by MyRealityBytes shows that a major portion of the music that renetto used was in existence well before renetto wrote the "Tube It" song.</p> <p>http://www.youtube.com/watch?v=rke953hXAVw</p> <p>-----------------------------------------------------------------------------------------</p> <p>MyRealityBytes wrote to GregSolomon asking him to view her video. Greg jumped to the conclusion that most of us would jump to upon watching MyRealityBytes' video—that Renetto had stolen a major part of the music. Greg made a video in which he STRONGLY hinted that renetto was a plagiarist. (Greg did not claim this as a fact, but the hint was so strong that most people would come away from that video believing that renetto did indeed plagiarize.</p> <p>MyRealityBytes did not like the way Greg Solomon used her clips in his video, so she asked Greg to take his video down, and when he didn't she made this video:</p> <p> </p> <p>"Greg Solomon Is A YouTube Bully"</p> <p>http://www.youtube.com/watch?v=gyGwrOYNteM</p> <p>Pay close attention to the comments on this video. MyRealityBytes summed it up her feelings in the following two comments: </p> <p>"I also have a strong belief in what is right and what is wrong. Solomon used my video without my permission - which is wrong. Solomon says that I am accusing renetto of plagarism, when in fact, it is Solomon himself who is making that accusation. So that makes Solomon a liar - which is wrong. Solomon used my video to make me look like an ass - which is wrong."</p> <p>"So everyone should just be able to use everyone else's videos whenever we feel like it? I don't think so........."</p> <p>Myrealitybytes sent a DMCA complaint to Youtube and Youtube removed the video. Greg Solomon sent a counter notice, so the video should be back up in about 10 business days, unless Myrealitybytes informs Youtube that she is suing Greg.</p> <p>--------------------------------------</p> <p>Renetto probably should have been more thorough in crediting where he got his sound loops from, but I don't think what he did rises to the level of plagiarism. He explained how he made his song in the video entitled "How to build a song with 'GarageBand'"</p> <p>http://www.youtube.com/watch?v=iSIyXUE5h-k</p> <p>------------------------------------------------------------------------------------------------- <br />Code of Best Practices in Fair Use for Online Video <br />American University School of Communication Center for Social Media</p> <p>http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/</p> <p>"...the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work just because one person is arbitrary or greedy. <br />Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. It has been an important part of copyright law for more than 150 years. Where it applies, fair use is a right, not a mere privilege. In fact, as the Supreme Court has pointed out, fair use keeps copyright from violating the First Amendment. As copyright protects more works for longer periods than ever before, it makes new creation harder. As a result, fair use is more important today than ever before."</p> <p>--------------------------------------- <br />To understand why this was an improper use of the DMCA you must understand the purpose of copyright law and what constitutes Fair Use.</p> <p>The Purpose of Copyright Law:</p> <p>http://www.themaskedanalyst.com/The%20Purpose%20of%20Copyright%20Law.htm</p> <p>On Fair Use:</p> <p>http://www.themaskedanalyst.com/Fair%20U</p> </div> <a href="/blog/61252-high-drama-and-a-two-bit-dmca-complaint-pt-2">Watch the video</a> http://bravenewfilms.org/blog/61251-high-drama-and-a-two-bit-dmca-complaint-pt-3 2008-12-01T14:52:10Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/vhUxbrySQuI&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/vhUxbrySQuI&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61251-high-drama-and-a-two-bit-dmca-complaint-pt-3"><img src="http://bravenewfilms.org/pictures/medium/75866" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>This is a series of videos about a dispute between Greg Solomon and Myrealitybytes that erupted after Greg used clips of Myrealitybytes' video to paint renetto as a plagiarist. Myrealitybytes sent a DMCA to Youtube and Youtube removed Greg's video. I examine whether renetto is a plagiarist and whether this was the proper use of copyright law.</p> <p>Renetto's video: "TUBE IT" - The UNofficial YouTube Anthem</p> <p>http://www.youtube.com/watch?v=80yQ4RUP-Mw</p> <p>The credits at the end of Renetto's video says "Written, Composed and Performed by Renetto".</p> <p>----------------------------------------------------------------------------------------------</p> <p>"renetto's toy" by MyRealityBytes shows that a major portion of the music that renetto used was in existence well before renetto wrote the "Tube It" song.</p> <p>http://www.youtube.com/watch?v=rke953hXAVw</p> <p>-----------------------------------------------------------------------------------------</p> <p>MyRealityBytes wrote to GregSolomon asking him to view her video. Greg jumped to the conclusion that most of us would jump to upon watching MyRealityBytes' video—that Renetto had stolen a major part of the music. Greg made a video in which he STRONGLY hinted that renetto was a plagiarist. (Greg did not claim this as a fact, but the hint was so strong that most people would come away from that video believing that renetto did indeed plagiarize.</p> <p>MyRealityBytes did not like the way Greg Solomon used her clips in his video, so she asked Greg to take his video down, and when he didn't she made this video:</p> <p> </p> <p>"Greg Solomon Is A YouTube Bully"</p> <p>http://www.youtube.com/watch?v=gyGwrOYNteM</p> <p>Pay close attention to the comments on this video. MyRealityBytes summed it up her feelings in the following two comments: </p> <p>"I also have a strong belief in what is right and what is wrong. Solomon used my video without my permission - which is wrong. Solomon says that I am accusing renetto of plagarism, when in fact, it is Solomon himself who is making that accusation. So that makes Solomon a liar - which is wrong. Solomon used my video to make me look like an ass - which is wrong."</p> <p>"So everyone should just be able to use everyone else's videos whenever we feel like it? I don't think so........."</p> <p>Myrealitybytes sent a DMCA complaint to Youtube and Youtube removed the video. Greg Solomon sent a counter notice, so the video should be back up in about 10 business days, unless Myrealitybytes informs Youtube that she is suing Greg.</p> <p>--------------------------------------</p> <p>Renetto probably should have been more thorough in crediting where he got his sound loops from, but I don't think what he did rises to the level of plagiarism. He explained how he made his song in the video entitled "How to build a song with 'GarageBand'"</p> <p>http://www.youtube.com/watch?v=iSIyXUE5h-k</p> <p>------------------------------------------------------------------------------------------------- <br />Code of Best Practices in Fair Use for Online Video <br />American University School of Communication Center for Social Media</p> <p>http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/</p> <p>"...the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work just because one person is arbitrary or greedy. <br />Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. It has been an important part of copyright law for more than 150 years. Where it applies, fair use is a right, not a mere privilege. In fact, as the Supreme Court has pointed out, fair use keeps copyright from violating the First Amendment. As copyright protects more works for longer periods than ever before, it makes new creation harder. As a result, fair use is more important today than ever before."</p> <p>--------------------------------------- <br />To understand why this was an improper use of the DMCA you must understand the purpose of copyright law and what constitutes Fair Use.</p> <p>The Purpose of Copyright Law:</p> <p>http://www.themaskedanalyst.com/The%20Purpose%20of%20Copyright%20Law.htm</p> <p>On Fair Use:</p> <p>http://www.themaskedanalyst.com/Fair%20Use.htm</p> </div> <a href="/blog/61251-high-drama-and-a-two-bit-dmca-complaint-pt-3">Watch the video</a> http://bravenewfilms.org/blog/61250-high-drama-and-a-two-bit-dmca-complaint-pt-4 2008-12-01T14:52:10Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/Ol061LToptc&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/Ol061LToptc&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61250-high-drama-and-a-two-bit-dmca-complaint-pt-4"><img src="http://bravenewfilms.org/pictures/medium/75865" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>This is a series of videos about a dispute between Greg Solomon and Myrealitybytes that erupted after Greg used clips of Myrealitybytes' video to paint renetto as a plagiarist. Myrealitybytes sent a DMCA to Youtube and Youtube removed Greg's video. I examine whether renetto is a plagiarist and whether this was the proper use of copyright law.</p> <p>Renetto's video: "TUBE IT" - The UNofficial YouTube Anthem</p> <p>http://www.youtube.com/watch?v=80yQ4RUP-Mw</p> <p>The credits at the end of Renetto's video says "Written, Composed and Performed by Renetto".</p> <p>----------------------------------------------------------------------------------------------</p> <p>"renetto's toy" by MyRealityBytes shows that a major portion of the music that renetto used was in existence well before renetto wrote the "Tube It" song.</p> <p>http://www.youtube.com/watch?v=rke953hXAVw</p> <p>-----------------------------------------------------------------------------------------</p> <p>MyRealityBytes wrote to GregSolomon asking him to view her video. Greg jumped to the conclusion that most of us would jump to upon watching MyRealityBytes' video—that Renetto had stolen a major part of the music. Greg made a video in which he STRONGLY hinted that renetto was a plagiarist. (Greg did not claim this as a fact, but the hint was so strong that most people would come away from that video believing that renetto did indeed plagiarize.</p> <p>MyRealityBytes did not like the way Greg Solomon used her clips in his video, so she asked Greg to take his video down, and when he didn't she made this video:</p> <p> </p> <p>"Greg Solomon Is A YouTube Bully"</p> <p>http://www.youtube.com/watch?v=gyGwrOYNteM</p> <p>Pay close attention to the comments on this video. MyRealityBytes summed it up her feelings in the following two comments: </p> <p>"I also have a strong belief in what is right and what is wrong. Solomon used my video without my permission - which is wrong. Solomon says that I am accusing renetto of plagarism, when in fact, it is Solomon himself who is making that accusation. So that makes Solomon a liar - which is wrong. Solomon used my video to make me look like an ass - which is wrong."</p> <p>"So everyone should just be able to use everyone else's videos whenever we feel like it? I don't think so........."</p> <p>Myrealitybytes sent a DMCA complaint to Youtube and Youtube removed the video. Greg Solomon sent a counter notice, so the video should be back up in about 10 business days, unless Myrealitybytes informs Youtube that she is suing Greg.</p> <p>--------------------------------------</p> <p>Renetto probably should have been more thorough in crediting where he got his sound loops from, but I don't think what he did rises to the level of plagiarism. He explained how he made his song in the video entitled "How to build a song with 'GarageBand'"</p> <p>http://www.youtube.com/watch?v=iSIyXUE5h-k</p> <p>------------------------------------------------------------------------------------------------- <br />Code of Best Practices in Fair Use for Online Video <br />American University School of Communication Center for Social Media</p> <p>http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/</p> <p>"...the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work just because one person is arbitrary or greedy. <br />Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. It has been an important part of copyright law for more than 150 years. Where it applies, fair use is a right, not a mere privilege. In fact, as the Supreme Court has pointed out, fair use keeps copyright from violating the First Amendment. As copyright protects more works for longer periods than ever before, it makes new creation harder. As a result, fair use is more important today than ever before."</p> <p>--------------------------------------- <br />To understand why this was an improper use of the DMCA you must understand the purpose of copyright law and what constitutes Fair Use.</p> <p>The Purpose of Copyright Law:</p> <p>http://www.themaskedanalyst.com/The%20Purpose%20of%20Copyright%20Law.htm</p> <p>On Fair Use:</p> <p>http://www.themaskedanalyst.com/Fair%20Use.htm</p> </div> <a href="/blog/61250-high-drama-and-a-two-bit-dmca-complaint-pt-4">Watch the video</a> http://bravenewfilms.org/blog/61249-high-drama-and-a-two-bit-dmca-complaint-an-update 2008-12-01T14:52:10Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/scQMA-vF_dY&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/scQMA-vF_dY&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61249-high-drama-and-a-two-bit-dmca-complaint-an-update"><img src="http://bravenewfilms.org/pictures/medium/75864" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>This is an update to yesterday's video, "High Drama and a Two-Bit DMCA". If you haven't seen it already, watch it before you watch this video.</p> <p>http://www.youtube.com/watch?v=qIoZ4J8eO24</p> <p>I made a "weak move" yesterday when I took Greg to task for blocking myrealitybytes. I did not have the entire story.</p> <p>It is possible that I still do not have the entire story, so I invite myrealitybytes to make comments in the comment section of this video or to make a video of her own.</p> <p>I could not show you the most important part of the story yesterday—the video by Greg Solomon that was DMCAd by myrealitybytes. Greg has reposted it at Livevideo. You can watch it there.</p> <p>http://www.livevideo.com/GREGSOLOMON</p> <p>http://www.livevideo.com/video/ADE073F68B40445CB4B14DE6974CC177/renneto-accused-of-plagiarism.aspx</p> </div> <a href="/blog/61249-high-drama-and-a-two-bit-dmca-complaint-an-update">Watch the video</a> http://bravenewfilms.org/blog/61238-discussing-512-f-of-the-dmca-is-fair-use-a-right 2008-12-01T14:52:09Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/-8jjVt5yazM&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/-8jjVt5yazM&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61238-discussing-512-f-of-the-dmca-is-fair-use-a-right"><img src="http://bravenewfilms.org/pictures/medium/75853" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>The Copyright Alliance is an organization composed largely of giant corporations within the Entertainment Industry. This Alliance wants to gut our right to Fair Use like a dead fish.</p> <p>http://www.copyrightalliance.org/index.php</p> <p>Copyright Alliance members:</p> <p>http://www.copyrightalliance.org/content.php?id=44</p> <p>Patrick Ross, the Executive Director of the Copyright Alliance, writes: </p> <p>http://blog.copyrightalliance.org/2008/07/the-remix-culture/</p> <p>"fair use is not a right. Copyright is a right. Fair use is a limitation on that right, which is not absolute. Specific methods of fair use are defined in court, and then only for that use. Fair use, then, is an affirmative defense the user can cite in court if sued for infringement."</p> <p>The American University School of Communication Center For Social Media has published a Code of Best Practices in Fair Use for Online Video:</p> <p>http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/</p> <p>"...the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work just because one person is arbitrary or greedy. <br />Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. It has been an important part of copyright law for more than 150 years. Where it applies, fair use is a right, not a mere privilege. In fact, as the Supreme Court has pointed out, fair use keeps copyright from violating the First Amendment. As copyright protects more works for longer periods than ever before, it makes new creation harder. As a result, fair use is more important today than ever before." <br />William Patry is one of THE foremost authorities on Fair Use. He writes: <br />http://williampatry.blogspot.com/2008/07/patrick-ross-and-fair-use.html</p> <p>"The Yiddish/Aramaic word "chutzpah" is well known, and has been defined variously as gall, audacity, insolence, and impertinence. Patrick Ross, head of the cartoonish Copyright Alliance, seems to have chutzpah in abundance, as seen on a blog post yesterday criticizing The Center for Social Media at American University, for its release of a "Code of Best Practices in Fair Use for Online Video." The best practices are a "Future of Public Media Project," funded by the Ford Foundation, a fact Mr. Ross omits.</p> <p>Mr. Ross is not a lawyer, but formerly was with the right wing Progress and Freedom Foundation, which usually acts as a mouthpiece for corporate copyright owners. I have no idea whether or where Mr. Ross attempts to learn about copyright law, much less fair use. For my part, I have been a practicing copyright lawyer for 25 years, and have been studying fair use even longer, beginning in law school. In 1985, I wrote my first book on copyright, which was also the first book devoted just to fair use. The treatise's first citation was by the Supreme Court in the Harper & Row case, issued shortly after the treatise came out. Subsequently, that treatise has been cited many more times by other courts. I have testified before a joint session of the IP subcommittees of Congress on fair use, worked on amendments to Section 107 as a Congressional staffer, argued fair use cases in the courts of appeals and district courts, written an article about fair use with Judge Posner, advised many clients about it, and discussed the issue with the European Commission, and many representatives of foreign governments. I am unaware of any qualifications Mr. Ross has to talk about fair use.</p> <p>Nor is Mr. Ross an educator. Yet, regarding both fair use and education, in his criticism of the Center's Best Practices, he speaks as if he knows more than those who are copyright lawyers and educators (and some who are both), beginning with a pompous, purported correction about the nature of fair use, scolding the Center for daring to utter the term "right" in the same sentence as fair use. . . ."</p> <p>Fair Use Is a Right—the Purpose of Copyright Law:</p> <p>http://www.themaskedanalyst.com/The%20Purpose%20of%20Copyright%20Law.htm</p> <p>Section 108 of the copyright law:</p> <p>http://www.copyright.gov/title17/92chap1.html#108</p> <p>"Nothing in this section — in any way affects the right of fair use as provided by section 107 . . . "</p> </div> <a href="/blog/61238-discussing-512-f-of-the-dmca-is-fair-use-a-right">Watch the video</a> http://bravenewfilms.org/blog/61220-re-dmca-copyright-faq 2008-12-01T14:52:08Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/TYOBQoR70aY&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/TYOBQoR70aY&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61220-re-dmca-copyright-faq"><img src="http://bravenewfilms.org/pictures/medium/75825" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>This is a response to two videos by 5thWatcher:</p> <p>DMCA & Copyright FAQ</p> <p>http://www.youtube.com/watch?v=jbkyRzcnJhs</p> <p>VFX/tf00t and the Great Copyright War of 2008</p> <p>http://www.youtube.com/watch?v=Pi7BF7xNMzI</p> <p>----------------------------------------</p> <p>Code of Best Practices in Fair Use for Online Video <br />http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/</p> <p>Video is increasingly becoming a central part of our everyday landscape of communication, and it is becoming more visible as people share it on digital platforms. People make and share videos to tell stories about their personal lives, remixing home videos with popular music and images. Video remix has become a core component of political discourse, as the video George Bush Dont Like Black People and the Yes We Can parodies demonstrated. Both amateur and professional editors are creating new forms of viral popular culture, as the Dramatic Chipmunk meme and the Brokeback to the Future mashup illustrate. The circulation of these videos is an emerging part of the business landscape, as the sale of YouTube to Google demonstrated. . . .</p> <p>Mashups, remixes, subs, and online parodies are new and refreshing online phenomena, but they partake of an ancient tradition: the recycling of old culture to make new. In spite of our romantic cliches about the anguished lone creator, the entire history of cultural production from Aeschylus through Shakespeare to Clueless has shown that all creators stand, as Isaac Newton (and so many others) put it, on the shoulders of giants. <br />In fact, the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work just because one person is arbitrary or greedy. <br />Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. It has been an important part of copyright law for more than 150 years. WHERE IT APPLIES, FAIR USE IS A RIGHT, NOT A MERE PRIVILEGE. IN FACT, AS THE SUPREME COURT HAS POINTED OUT, FAIR USE KEEPS COPYRIGHT FROM VIOLATING THE FIRST AMENDMENT. (emphasis added)</p> <p>-----------------------------------------------------------------------------------------------</p> <p>Section 107 of the Copyright Law</p> <p>the fair use of a copyrighted work. . . for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.</p> <p>http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html</p> <p>The right to use other peoples works for parody:</p> <p>Campbell v. Acuff Rose (Supreme Court</p> <p>http://www.law.cornell.edu/supct/html/92-1292.ZS.html</p> <p>SUNTRUST v HOUGHTON MIFFLIN <br />U.S. 11th Circuit Court of Appeals <br />)</p> <p>http://www.edwardsamuels.com/copyright/beyond/cases/gonewindappnew.htm</p> <p>http://www.edwardsamuels.com/copyright/beyond/cases/gonewindconcur.htm</p> <p>Why the DMCA is Unconstitutional:</p> <p>http://www.themaskedanalyst.com/The%20DMCA%20is%20Uncontstitutional.htm</p> <p>--------------------------------------</p> <p>Bonus points for reading Lenz v. Universal and especially the opinion handed down on August 20, 2008.</p> <p>http://www.youtube.com/watch?v=Pi7BF7xNMzI</p> <p>http://www.eff.org/files/filenode/lenz_v_universal/lenzorder082008.pdf</p> <p>Here is a link to the DMCA itself. Pay close attention to part (c)</p> <p>http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html</p> </div> <a href="/blog/61220-re-dmca-copyright-faq">Watch the video</a> http://bravenewfilms.org/blog/61212-john-mccain-hit-by-the-dmca 2008-12-01T14:52:07Z themaskedanalyst <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/pS3X7M3NCzg&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/pS3X7M3NCzg&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/61212-john-mccain-hit-by-the-dmca"><img src="http://bravenewfilms.org/pictures/medium/75817" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>John McCains campaign has been hit by the DMCA!!!</p> <p>McCain Campaign Feels DMCA Sting</p> <p>http://www.eff.org/deeplinks/2008/10/mccain-campaign-feels-dmca-sting</p> <p>Letter written by <br />http://www.eff.org/files/McCain%20YouTube%20copyright%20letter%2010.13.08.pdf</p> <p>We recognize that Youtube has said it adheres to the notice-and-takedown procedures established by the DMCA. But nothing in the DMCA requires a host like Youtube to comply automatically with takedown notices, while blinding itself to their legal merit (or, as here, their lack therof). The DMCA provides hosts with a safe harbor from liability for infringement—but there is no need for a safe harbor where, as here, there is no infringement in the first instance. See id. §107 (a fair use is not an infringement of copyright).</p> <p>YouTube Responds to McCain Campaign's Letter</p> <p>http://www.eff.org/deeplinks/2008/10/youtube-responds-mccain-campaigns-letter</p> <p>Why the DMCA is blatantly unconstitutional:</p> <p>http://www.themaskedanalyst.com/The%20DMCA%20is%20Uncontstitutional.htm</p> <p>In this video, I asked what Youtube would do if someone sent false DMCAs to try to get Hilary Clintons, Barack Obamas, or John McCains account suspended.</p> <p>http://youtube.com/watch?v=KBzLtfrLMag</p> </div> <a href="/blog/61212-john-mccain-hit-by-the-dmca">Watch the video</a> http://bravenewfilms.org/blog/59125-so-you-think-you-can-be-president-widescreen 2008-10-23T14:47:00Z rebelliouspixels <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/AaKPJcU0eYQ&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/AaKPJcU0eYQ&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/59125-so-you-think-you-can-be-president-widescreen"><img src="http://bravenewfilms.org/pictures/medium/72575" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>A new reality television show where candidates compete for American votes! </p> <p>Presidential hopefuls must present their positions on major issues in front of our live studio audience then face hard-hitting critiques from our panel of judges. Viewers at home will delight in the spectacle as candidates are challenged in ways never before seen in mainstream media.</p> <p>In this week's episode, only two weeks before the election, Senator Obama and Senator McCain have their feet held to the fire over shockingly similar positions on energy and foreign policy.</p> <p>Who will be this season's champion and take home the grand prize? You'll have to watch and decide for yourself, then participate in the show by casting a vote* for your favorite performer on November 4th!</p> <p>----- <br />*Some restrictions may apply. In certain areas these include, but are not limited to, faulty electronic voting systems, racist voter laws and/or voter roll purges. See your local polling place for details.</p> <p>FAIR USE NOTICE: <br />This video is a satirical transformative work and constitutes a 'fair use' of any copyrighted material as provided for in section 107 of the US Copyright Law.</p> <p>APPROPRIATED SOURCE MATERIAL: <br />So You Think You Can Dance Season 3 & 4 <br />2008 US Presidential Debates 1, 2 & 3 PBS, BBC, PBS <br />Road to the White House MSNBC <br />"The Politics of Dancing" sung by Re-Flex</p> <p>PRODUCTION INFO: <br />It is an example of a Political Remix Video and was created by re-cutting and re-framing fragments of pop culture media to construct a new re-imagined narrative.</p> <p>Remixed by Jonathan McIntosh <br />For widescreen and higher-res see: <br />www.rebelliouspixels.com</p> </div> <a href="/blog/59125-so-you-think-you-can-be-president-widescreen">Watch the video</a> http://bravenewfilms.org/blog/59113-so-you-think-you-can-be-president-debate-remix 2008-10-23T14:47:04Z rebelliouspixels <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/4oGPbbUT26c&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/4oGPbbUT26c&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/59113-so-you-think-you-can-be-president-debate-remix"><img src="http://bravenewfilms.org/pictures/medium/72555" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p><p>A new reality television show where candidates compete for American votes! </p><p>&nbsp;Presidential hopefuls must present their positions on major issues in front of our live studio audience then face hard-hitting critiques from our panel of judges. Viewers at home will delight in the spectacle as candidates are challenged in ways never before seen in mainstream media.</p><p> In this week&#39;s episode, only two weeks before the election, Senator Obama and Senator McCain have their feet held to the fire over shockingly similar positions on energy and foreign policy. </p><p>Who will be this season&#39;s champion and take home the grand prize? You&#39;ll have to watch and decide for yourself, then participate in the show by casting a vote* for your favorite performer on November 4th!</p><p> ----- </p><p>*Some restrictions may apply. In certain areas these include, but are not limited to, faulty electronic voting systems, racist voter laws and/or voter roll purges. See your local polling place for details.</p><p> Remixed by Jonathan McIntosh<br />For widescreen and higher-res see: www.rebelliouspixels.com</p></p> </div> <a href="/blog/59113-so-you-think-you-can-be-president-debate-remix">Watch the video</a> http://bravenewfilms.org/blog/47352-mccain-obama-used-war-opposition-to-secure-nomination 2008-10-29T03:30:42Z tpmtv <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/346hNhPqfLo&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/346hNhPqfLo&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/47352-mccain-obama-used-war-opposition-to-secure-nomination"><img src="http://bravenewfilms.org/pictures/medium/56088" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>John McCain on Larry King Live, July 28, 2008</p> </div> <a href="/blog/47352-mccain-obama-used-war-opposition-to-secure-nomination">Watch the video</a> http://bravenewfilms.org/blog/34186-sam-harris-liza-minnelli-part-1-life-duet-use-what-you-got 2008-10-23T09:32:18Z SamHarris <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/0UKwSPCtTKQ&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/0UKwSPCtTKQ&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/34186-sam-harris-liza-minnelli-part-1-life-duet-use-what-you-got"><img src="http://bravenewfilms.org/pictures/medium/37301" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>► <a href="http://SamHarris.TV">SamHarris.TV</a> </p> <p>On the Broadway stage of THE LIFE. Liza Minnelli and Cy Coleman surprise appearance after the show.</p> <p>Sam Harris & Liza Minnelli Part 1</p> <p>Sam Harris and Liza Minnelli duet on "Use What You Got" for the cast of the Tony Award winning Broadway musical, THE LIFE, starring Sam Harris.</p> <p>The late, great Cy Coleman on piano!</p> <p>See Part 2 at <a href="http://SamTube.com">SamTube.com</a> for Liza Minnelli's never before heard rendition of her Mother, Judy Garland's, "You Made Me Love You". Sung to the cast, on stage in celebration of the Tony Award nominations and wins.</p> <p>USE WHAT YOU GOT <br />Cy Coleman</p> <p>When you're a hustler <br />There is one thing you should know <br />You gotta hustle every day <br />When you're a hustler <br />There's no time to take it slow <br />Gather ye suckers while ye may <br />Monday you're hot <br />Tuesday you're not <br />And that's the reason why they say...</p> <p>You gotta use what got <br />To get whatcha want <br />Before whatcha got is gone <br />You gotta reach for that ring <br />When you're on that ride <br />How long does that ride go on? <br />You gotta learn every dance <br />Return every glance <br />While you have the chance to score <br />You gotta use whatcha got <br />To get whatcha want <br />Before you ain't got no more <br />Your clock starts running <br />On the day that you are born <br />It just keeps tick-tick-ticking on <br />There's only so much time to <br />Blow your little horn <br />Before your time has come <br />And gone <br />Wednesday you're new <br />Thursday you're through <br />It happens sooner than you know <br />That gravy train gets mighty slow <br />So as I told you a long time ago</p> <p>You gotta use what got <br />To get whatcha want <br />Before whatcha got is gone <br />You got to reach for that ring <br />When you're on that ride <br />How long does that ride go on? <br />You gotta learn every dance <br />Return every glance <br />While you have the chance to score <br />You gotta use whatcha got <br />To get whatcha want <br />So take my advice <br />From this moment on <br />Remember to use whatcha got <br />To get e-ver-y-thing that you want <br />Before whatcha got is gone </p> <p>► <a href="http://SamTUBE.com">SamTUBE.com</a> ...</p> <p>► <a href="http://SamVLOG.com">SamVLOG.com</a> <br />... behind the scenes in the everyday life of Sam.</p> <p>► <a href="http://SamHarris.TV">SamHarris.TV</a> <br />... archive of Sam's performances and appearances.</p> <p>► <a href="http://AskSamHarris.com">AskSamHarris.com</a> <br />... ask Sam anything, and he'll reply via a vlog.</p> <p>► <a href="http://SamHarris.com/answers">SamHarris.com</a> <br />... answer link from the "Ask Sam Harris" series.</p> <p>► <a href="http://MySpace.com/SamHarrisMusic">MySpace.com</a> <br />... keep up to date, and be Sam's MySpace friend!</p> <p>► <a href="http://SamTUNES.net">SamTUNES.net</a> <br />... to download Sam Harris songs and full albums.</p> <p>► <a href="http://SamHarris.com">SamHarris.com</a> <br />... information, biography, discography and buy cds.</p> <p>LEGAL & BUSINESS CONTACT: <br />http://SamHarris.com/contact.htm <br />© All videos property of Sam Harris</p> <p>---</p> </div> <a href="/blog/34186-sam-harris-liza-minnelli-part-1-life-duet-use-what-you-got">Watch the video</a> http://bravenewfilms.org/blog/30230-invisible-children-change-a-life-christmas-video 2008-12-01T14:32:51Z Invisible Children <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/a5ovpsKtTJ4&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/a5ovpsKtTJ4&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/30230-invisible-children-change-a-life-christmas-video"><img src="http://bravenewfilms.org/pictures/medium/32562" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>This holiday, use your gifts, change a life.</p> <p>www.invisiblechildren.com</p> </div> <a href="/blog/30230-invisible-children-change-a-life-christmas-video">Watch the video</a> http://bravenewfilms.org/blog/26225-is-the-use-of-bill-clinton-a-good-thing-for-hillary 2008-10-19T09:30:03Z youngturks <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/SjWeISY3_wk&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/SjWeISY3_wk&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/26225-is-the-use-of-bill-clinton-a-good-thing-for-hillary"><img src="http://bravenewfilms.org/pictures/medium/28236" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>Watch more at <a href="http://www.theyoungturks.com">www.theyoungturks.com</a> </p> </div> <a href="/blog/26225-is-the-use-of-bill-clinton-a-good-thing-for-hillary">Watch the video</a> http://bravenewfilms.org/blog/18972-death-causes-canada-to-review-use-of-tasers-nov-16-07 2008-10-22T09:30:37Z aljazeera <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/Uk6hA46GmLA&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/Uk6hA46GmLA&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/18972-death-causes-canada-to-review-use-of-tasers-nov-16-07"><img src="http://bravenewfilms.org/pictures/medium/18643" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>Canada has launched an official review into the use of Tasers after video footage merged showing police using the stun gun on an unarmed man in Vancouver airport who later died. Rob Reynolds reports.</p> </div> <a href="/blog/18972-death-causes-canada-to-review-use-of-tasers-nov-16-07">Watch the video</a> http://bravenewfilms.org/blog/5620-chad-hurley-and-steve-chen-youtube-and-copyright 2008-10-15T09:29:43Z FORAtv <object width="375" height="308"><param name="movie" value="http://www.youtube.com/v/GYKb1n5u7RE&border=0&rel=0"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/GYKb1n5u7RE&border=0&rel=0" type="application/x-shockwave-flash" wmode="transparent" width="375" height="308"></embed></object> <a href="/blog/5620-chad-hurley-and-steve-chen-youtube-and-copyright"><img src="http://bravenewfilms.org/pictures/medium/4894" width="140" height="105" border="0" align="left" style="border: solid 1px black;" /></a> <div class="post_content"> <p>Complete video at: <a href="http://fora.tv/fora/showthread.php?t=1071">fora.tv</a> <br />YouTube co-founders Chad Hurley and Steve Chen discuss copyright issues regarding web video, in a conversation with Wired Magazine Editor-In-Chief Chris Anderson.</p> <p>-----</p> <p>Chad Hurley and Steven Chen in conversation with Chris Anderson.</p> <p>With YouTube, Hurley and Chen created a new way for millions of people to entertain, educate, rock and shock one another on a scale we've never seen before. YouTube is a platform for everyday people to broadcast their perspectives to the masses.</p> <p>Musicians, amateur filmmakers, comedians, and professional content owners alike are sharing their videos, and some even rise to the top to become stars. INFORUM awards the founders of YouTube for their ingenuity and talks with them about everything from their homegrown culture to Google to Viacom to what's next on the horizon. -- The Commonwealth Club</p> </div> <a href="/blog/5620-chad-hurley-and-steve-chen-youtube-and-copyright">Watch the video</a>