Copyright Infringement and Fair Use

[lil_dz33]

California

Let me explain the situation in a nutshell before asking for help.

A few years ago, my freshman year in high school I made these little short videos called AMV's, AMV standing for Anime Music Videos. What that is is an independently (or may be collaborated with a friend) music video containing clips of a japanese cartoon(usually a japanese cartoon) with music edited together to create a synced video. Purely for creative use, testing skill and sharing/"teaching" video editing abilities and techniques.

I uploaded such a video onto youtube that contained copyrighted materal from Warner Music Group. Today I wanted to watch my video over youtube, and I find that it was taken down due to a copyright claim from WMG.

Now, this is my "argument".

This piece should fall under the fair use act, as it is a demonstration of skill and was uploaded for the intention of criticism. No money is being made, nothing is being sold, and no advertising is linked or associated with the piece.

I quote § 107. Limitations on exclusive rights: Fair use

"(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;"

I wish to dispute the copyright claim with Youtube in order to get my video back up. What would be ideal to state in the dispute?

Unless I am completely in the wrong in this situation. Which I hope for my creativity sake, I'm not.

Thank you.

 

[The Occultist]

Unless I am completely in the wrong in this situation.

You are wrong. This does not fall under Fair Use. Also please note that even if it is Fair Use, simply saying "Fair Use" doesn't make things okay; Fair Use is a defense to be used in court if you are sued at which the point the judge would decide if Fair Use is applicable.

 

[lil_dz33]

This is why i asked the question. I didnt want to file a dispute with my foot caught in my mouth.

This is what i was under the impression of. Also, if this isnt a case of fair use, what is?

 

[Alex23]

I made a 'funny' music video on youTube and the artist actually approved the video so it's still there, although that page is required to host additional advertisements.

Thanks, BMI music group!!

You might want to just make a new account, or host your video elsewhere.

 

[The Occultist]

This is why i asked the question. I didnt want to file a dispute with my foot caught in my mouth.

This is what i was under the impression of. Also, if this isnt a case of fair use, what is?

There aren't truly black and white lines of what defines what constitutes Fair Use, and that is why it takes a[n often expensive] trial to decide if something is Fair Use. Using a search engine, however, can likely give you a better idea of what would tend to fall in this category.

 

[lil_dz33]

There aren't truly black and white lines of what defines what constitutes Fair Use, and that is why it takes a[n often expensive] trial to decide if something is Fair Use. Using a search engine, however, can likely give you a better idea of what would tend to fall in this category.

I really do appreciate your response and your time. I have learned some things lol. I still have PLENTY of things to learn before i make it to law school... hopefully.

 

[The Occultist]

I still have PLENTY of things to learn

HA! Many IP attorneys still have a lot to learn due to IP law being broken in many ways in this country.

 

[lil_dz33]

HA! Many IP attorneys still have a lot to learn due to IP law being broken in many ways in this country.

Well, theres job security for ya.