Demystifying Fair Use, Copyright, and Content ID - Audio Episode 09

In this Audio Files episode, we discuss the fair use doctrine and why it's so important for everyone on the internet. We also dig into how fair use interacts (or doesn't) with YouTube’s Content ID system. Two legal experts in fair use join the conversation: Art Neill and Erika Lee from New Media Rights.

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WISHLIST
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Fair use:
All multimedia clips included in this podcast constitute a ‘fair use’ of any copyrighted material as provided for in Section 107 of U.S. Copyright law, which allows for criticism, comment and scholarship. Learn more about fair use via New Media Rights!

Show credits:
Audio production: Jonathan McIntosh
Intro music: Simon Stålenhag
Outro music: Rick Lopez

[Kingbruffbruff]

I was contacted by an agency representing the copyright owner of an internationally recognised 'set of images'. It claimed a large cash payment for my alleged copyright infringment. it read like a stock email, kinda legally worded to scare me but it did spur me to thoroughly study UK copyright law/fair use nuances/international treatments - I even looked into past court cases and their rulings. The UK gov has some very useful and clear info for creators on its website, which I linked when I wrote back to the agency informing them of my rejection of their claim and citing the fair use exceptions that supported my position. The snarky and indignant email I received in response was so ridiculously worded - you know what you did so pay up or we will charge more kinda thing - and didn't respond to the legal points I'd made or support their position. I concluded that their algorithm probably sent hundreds of similar emails out - demanding payment but only needing a small % of creators to comply to pay to make it worth their while.
I wrote back, again linking the relevant sections of UK law and never heard from them again. Steep learning curve for me but worth it for the insight.
Thanks for the great podcast !

[mikeyfrederick]

Just gotta say I have been binging all your content and you have really opened my eyes to issues I have NEVER even considered..I truly feel educated from your channel sir... we need more people like you putting kind, chill and balanced energy into these kinds of subjects..all your content is really quite profound in my opinion...keep doing what you do..

[T_Dot]

I didn't receive a notification for this. The bell is on and I am subscribed. I live in canada. I wonder if this is being shadowbanned.

[takke]

I highly recommend the ted talk „copyright is braindamage“ by a incredible artist who made the film sader masochism. Her commentary on copyright is incredible and shows how much copyright really is just the stealing and claiming of cultures and myths for megacorporations to then resell to the culture while they hold a domain over human creativity and stories. It is utterly ghoulish and cultural cannibalism and I personally dispise it as an artist myself. This system we live in is not there for the artists or the ppl that enjoy it. It‘s there for the rich and the rich only who love holding monopolies of everything over our heads. They wanna hold things in our minds like stories hostage and it disgusts me. It‘s like a kid getting a toy on their birthday but not being allowed to play with it or do anything fun with it cause that‘s „copyright infringement“. It is ghoulish and disgusting and we need to think beyond this bs. Especially when art was so much more freely avalable to literally anyone not to long ago. Nobody owned Hades. Or god. Or persephone. Or alice. And so on. But now they just wanna claim it all for themselves only. No more building on existing things. Yet those who abuse copyright the hardest like disney for example do love doing the thing they condemn when done to their stuff happily. They don‘t own alice in wonderland or the story of the ice queen. They took these and built upon them a adaptation but don‘t you dare do the same with their stuff. You‘ll get sued by big daddy disney.

It‘s honestly disgusting to me. Where profit dominates culture and art, culture and art are doomed to die. First in quality and diversity, and then entirely.

[uniworkhorse]

I could be convinced to be one of those people who love learning about copyright issues! I really wish New Media Rights had a strong up-to-date YouTube channel or a podcast covering recent legal developments. Video and audio are so much more accessible too than downloading an app or reading through documents!

I'm sure creators would be very interested in what they have to say - it's certainly disheartening to not know what's going to happen to your projects.

[syntext]

Thanks for always posting great, informative, and well researched content. Congrats on almost reaching one million subscribers!

[DedPoo]

This is my favorite channel and its sad that we only get to see 3 videos per year...

[jazzminceleste]

I've loved all the episodes I've heard so far!!! Could you do an audio files episode on The Good Place next? That would be so epic!

[broston_]

i would love to see a follow up to this focused on the Twitch and YouTube reaction meta

[meandkitty]

Relistening to this to try and guess why the barbie video was taken down 😅 good luck!

[kwamekamguia]

Can you do more audio files on the MCU? One on Moon Knight would be interesting for me to listen to!

[rayzrealm]

*Imagine these two men explaining all these things to the people that control YouTube?*