Youtube Networks and Copyright Bullying.

by intox

I follow various Youtube channels who produce some quality original content. They put a lot of time and effort into their work, and it shows. I don’t really watch TV except for a few shows I download here and there, mostly because I think there’s a lot of raw original creative content to be had elsewhere that may not be as polished, but feels more real. It gives me what I want out of media and entertainment. That being said, these content creators are getting shit on, hard.

According to copyright law, and Youtube’s own fair use policy, it’s pretty clear that many of the creators I watch are very obviously covered by fair use. Specifically, all of the content creators I’m about to iterate add new meaning to a specific work and this is primarily done in a fashion meant to critique or parody a given piece of material.

I’m not a lawyer, but according to 7 U.S.C. § 107 : US Code - Section 107: Limitations on exclusive rights: Fair use: - See more here.

"the fair use of a copyrighted work, including such use by reproduction in copies or 
phonorecords or by any other means specified by that section, for purposes such as 
criticism, comment, news reporting, teaching (including multiple copies for classroom 
use), scholarship, or research, is not an infringement of copyright."

So there’s that, but you also have to consider case law, which you can rely on to provide support for the argument that you are well within the bounds of fair use:

"The 1961 Report of the Register of Copyrights on the General Revision of the U.S. 
Copyright Law cites examples of activities that courts have regarded as fair use: 
“quotation of excerpts in a review or criticism for purposes of illustration or comment; 
quotation of short passages in a scholarly or technical work, for illustration or 
clarification of the author’s observations; use in a parody of some of the content of the 
work parodied; summary of an address or article, with brief quotations, in a news 
report;" 

Source: http://www.copyright.gov/fls/fl102.html

So, in my opinion, there’s no real doubt these content creators are clearly covered. They are using excerpts of the original content in question for criticisms, parody and observations. It clearly adds new meaning to the content. This is exactly what fair use is for. You can also find a buttload of examples of what can be claimed as fair use on here:

So it’s pretty clear these folks are not actually breaking the law. The problem stems, then, from the way Youtube has their system set up. Some youtubers who have had problems with this in the past include h3h3productions, NateFlicks / NatesTurn, BigQuint, FrankJavCee, and many more.