Hi, I know that YANAL, but I recently encountered a situation that I wanted to bring up for discussion.
Me and an anonymous friend (GenericPrescriptions) have written a multimedia essay which critiques and parodies the new Fox TV show Mental: http://alchemicalmusings.org/2009/08/23/mad-men-women-and-children/ For this critique to be effective, we needed to use short clips from the show, humorously illustrating the manipulation in action. We are completely confident that this use of Fox's copyrighted media falls squarely under the protections of "Fair Use." we have already run into some difficulties with one video hosting company (YouTube) and are concerned about our ability to keep this important media analysis available on the internet. When one of the clips was uploaded to YouTube, the system immediately (!), automatically (!!), and correctly (!!!) identified the content as copyright Fox (see below). YouTube does offer us a disputation procedure, which we have not yet filed, but are interested in pursuing. I am curious what people think about this situation. The raw clips on their own /might/ not be transformative , but in their final form on vimeo we included links to the critical parody, as well as tags. If adding metadata is tranformative for CSPAN and Lexis-Nexus - see the metavid case and the page numbers on law cases - it should be transformative to us! But the meat of the transformation happens in the mashup of the video clips and the text. Furthermore, I imagine these ISPs can assert (rightfully?) whatever terms of service they desire - so I am not sure how to frame my case to youtube as to why these clips should not be restored. How do you think we might most effectively dispute YouTube's automatic takedown? Thanks! /Jonah ------------------------------------------------------------------------------------------------------- YouTube <http://www.youtube.com/> <http://www.youtube.com/> help center <http://www.google.com/support/youtube/> | e-mail options <http://www.youtube.com/account#notifications/events> | report spam <http://www.youtube.com/email_spam?v=1a&c=7-7tDGhMdz_mmc88oC_fjv4JMn7jp5zWTmXofacy0YrxkTDj1P-hlp6vT8lbPntNadUB62BHwd-hN0JiGMWwj7TcNPETobs4-eL-yaiUMQtH5cr4soeXwvixizIG9g3pCTHqtoZSsfbSf0ddp7Pmy5oIjkp-4i8hhYsaQK--oR5YwdS3sDKFEYmaOs9bPR28-SCQgYQhzvMzl5TYOQ1X5Qe-9MsXRrcE7aTk6WYQ2vYSlaxeoAGI2w==> Dear GenericPrescriptions, Your video, a new cocktail <http://www.youtube.com/watch?v=GjudId9J9gA>, may have content that is owned or licensed by FOX. No action is required on your part; however, if you are interested in learning how this affects your video, please visit the Content ID Matches section of your account <http://www.youtube.com/my_videos_copyright> for more information. Sincerely, - The YouTube Team © 2009 YouTube, LLC 901 Cherry Ave, San Bruno, CA 94066 _______________________________________________ Discuss mailing list [email protected] http://freeculture.org/cgi-bin/mailman/listinfo/discuss
