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zakruti.com » Knowledge, science, education » Crash Course
Copyright, Exceptions, and Fair Use: Crash Course Intellectual Property #3

Copyright, Exceptions, and Fair Use: Crash Course Intellectual Property #3

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Rating: 4.0; Vote: 1
Stan Muller teaches you a few things about copyright enforcement, and talks about the exceptions to copyright enforcement. While there are several, the one you've probably heard of is Fair Use, and it's a pretty tricky one. We'll try to explain it, and teach you just why fair use is so loosey goosey. Citation1: 17 USC 503 Citation 2: Hargreaves, Ian. Digital Opportunity: A Review of Intellectual Property and Growth. UK Intellectual Property Office. P 5 Citation 3: Iowa State Univ. Research Found, Inc. v. American Broadcasting Cos, 621 F. 2d 57 (2d Cir. 1980) Citation 4: Harper & Row, Publishers, Inc. v. Nation Enters, 471 U. S. 539, 551, 105 S. Ct. 2218, 85 L. Ed. 2d 588 (1985) (quoting) Joseph McDonald, Non-Infringing Uses, 9 Bull. Copyright Soc'y 466, 467 No. 355 (1962) Links We Promised: Copyright Office Fair Use Index Best Practices Documents Crash Course is now on Patreon! You can support us directly by signing up at
Date: 2022-04-04

Comments and reviews: 10


Okay yes I agree cause I am like everyone is guilty of infringement. I feel like it is the author's responsibility when it comes to not wanting copy's of their work or ideas to come to light. If you walk into an exhibit and the exhibit says no cell phones cause this is original art and we don't want it displayed to the public and to do so you are fine with $$$ thousand dollars they have that absolute right but if you never bring that expectation out to the public you can't go around sueing all of sudden cause maybe photos from exhibit gets popular and people end up making hundreds to thousands of dollars than you cause at that point what the person does to make the artwork more appealing or changes made becomes an original artwork of another author. What's happening is that people in the world is creative and resourceful and that some people end up making alot more money with a masterpiece than supposedly the original author who end up making less from it. The supposed original author should have took extra precautions and if so then yeah chip in to some of that money but if didn't don't try to leech off someone else work or idea.
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4: 15
OBJECTION!
Someone could secondhand sell their mp3 player with any songs they had legally digitally purchased, couldn't they?
Mp3players are a dime a dozen, so if you bought multiple mp3player songs per mp3 players and then utilized the extra storage space to fit a compilation of legal digital distributions of CD compilations (like kinds on itunes stores); and then did that per mp3 player, and then sold the physical mp3 player medium second hand to rural areas without an internet connection: hmm. - you know?
Would that be legal?
Just curious. Cos to me: it sounds pretty legal (and possibly like a way to financially profit (although I myself am not that desperate I just like explore out of bounds. Cunning, emergent, but legal-sounding.
Is it legal?

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I own my computer. By this alone I declare that, whatever I put on it, is mine. Why would it be someone else's? It's an extra copy. What? Do they need to own every copy? If I were a wealthy old artist I'd be honoured if I'd inspired someone to the point of creating work like mine. I can't understand why anyone should feel any different. I am an amatuer musician. I really love doing it and I don't mind if someone downloads a copy for themselves. In fact I love that. Free the music and allow people to play what they want, where they want and how they want to play.
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If I don't want something to be seen by the public i never ever post it online or i keep it locked up cause once it's posted or you allow an opportunity where someone can just spring out their phones it spreads like wildfire. Infrigement and copyright laws to me from that point has expired especially if you didn't make any physical initiative of preventing it. That to me is the new rights in the digital age. There are some people who purposefully ignore certain rules that are set in companies and do illegal copies; I believe those people should be sued.
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I have a question considering fair use.
I make NBA commentary videos, about events or players in the NBA. I don't use any copyrighted music, but I do use NBA clips. And when I do, I'm always commentating over them. I've recently had 2 of my videos Content ID'd by Broadband TV for the first time, and I'm wondering if there is any legitimate claim for fair use here? If anyone needs a reference, my last 2 videos uploaded are the ones being content ID'ed.
Any help would be appreciated!

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Let's say a video publisher has published a work to their website, and only made it viewable by those who have financially paid for access to that work. If someone were to copy that work, post it in full publicly while also providing their their own real-time commentary (a reaction video, I would argue that still violates that 4th point, where you are directly preventing the owner from making money on their own content. agree or disagree?
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Any use of any copyrighted work where it is not done for profit should be considered fair use. This would save a TON of copyright issues that pop up. The only infringement lawsuits that should be valid are the ones where someone was trying to make money off someone's intellectual property. All that is needed is a simple redefinition of -fair use-.
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What's the legality of incidental use of trademarked images? For example, shooting a film that takes place in a video store will obviously show posters and dvd covers. The lack of these elements makes it difficult to make the setting convincing. Where's the line between incidental use and trademark violation?
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Was just about to launch a new product on Amazon and the supplier informed me they changed the color of the product to avoid copyright. Is it that simple? Does that avoid copyright laws? I did check in advance for a copyright online and didn't see anything. Obviously, I needed to dig deeper.
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I realize distribution and copy is separate. How a person distribute a work is out of the author's hand but copy it's work; in assuming the author assured some legal protection and has copyright rights has the right to fine if such a situation happens.
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