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Youtube, Jimmy Kimmel Style Unncessary Censorship Fair Use? (Intellectual Property)

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• Mon, 15 Dec 2008 11:49:00 GMT(1)
• Viacom is not going to be swayed by your weasel words at the beginning of the video.
• Tue, 16 Dec 2008 01:00:00 GMT(2)
• Here is some more info directly from Youtube,
  Viacom has claimed some or all audio and visual content in your video SpongeBob - Unnecessary Censorship - The Hash Slinging F*er. This claim was made as part of the YouTube Content Identification program.
  Your video is no longer available because Viacom has chosen to block it.
  Claim Details:
  Copyright owner: Viacom
  Content claimed: Some or all of the audio and visual content
  Policy: Block this content.
  Applies to these locations:
  Everywhere
  Viacom claimed this content as a part of the YouTube Content Identification program. YouTube allows partners to review YouTube videos for content to which they own the rights. Partners may use our automated video / audio matching system to identify their content, or they may manually review videos.
  You have the following options:
  1.
  Remove Video
  You can delete this video from YouTube.
  2.
  Dispute Claim
  If you believe that this claim was made in error, or that you are otherwise authorized to use the content at issue, you can dispute this claim with Viacom. You will be guided through a web-based form, and your dispute will be passed to them for review.
  Please note that if you protest the claim made against your video, we will make your video available for view to the alleged rights owner. This is necessary for the rights owner to review the dispute, and will happen regardless of the privacy settings you placed on your video. If your video is private and you are not willing to allow the alleged rights owner to view it, we unfortunately cannot accept a claim dispute. However, if your video is private, this will be clearly notified to the rights owner at the time of viewing your video and they are required to respect the privacy and confidentiality of your video.
  If upon review Viacom concludes that your video infringes their copyrights, they may submit a notification of alleged infringement under Section 512(c)(3) of the Digital Millennium Copyright Act. This will result in a strike against your account and may result in the permanent suspension of your account, so you should not file a dispute claim unless you are confident you are authorized to use the content at issue.
  For more information on this process, please see the Video ID Disputes section in our Help Center.
  Keep in mind that this block happened instantaneously after I uploaded it, so the likelihood of a manual review is exceedingly low.
• Mon, 15 Dec 2008 07:20:00 GMT(3)
• Fair use isn't something that you can put your finger on in advance. It's determined when you go to court. It doesn't sound much like a parody, but more like using their material in a remix.
  But however, it doesn't even matter as far as YouTube goes. If the people you are ripping off file a complaint, it will go poof at YouTube. They have no interest in fighting lawsuits over your content.
  Most likely your YouTube stuff being deleted will be the end of it.
• Tue, 16 Dec 2008 00:18:00 GMT(4)
• Did they already deny the video? If so, I wouldn't push it. It's someone else's artwork, and, to be Frank, someone else's idea. Don't be surprised if Jimmy Kimmel sues you, too.
• Mon, 15 Dec 2008 17:12:00 GMT(5)

• Quote:

  Originally Posted by FlyingRon

  Fair use isn't something that you can put your finger on in advance. It's determined when you go to court. It doesn't sound much like a parody, but more like using their material in a remix.
  But however, it doesn't even matter as far as YouTube goes. If the people you are ripping off file a complaint, it will go poof at YouTube. They have no interest in fighting lawsuits over your content.
  Most likely your YouTube stuff being deleted will be the end of it.

  This was a automatic ID flag, not Viacom actually flagging my material manually. Trust me, I wouldn't even be bothering if the latter was the case. I'm not exactly sure if it was a false positve, or if Viacom actually cares if I use their material in this manner. Would it hurt to throw out a dispute claim?
• Mon, 15 Dec 2008 10:05:00 GMT(6)
• Sometimes the owner of the copyright material will notify youTube but they will approve your use of their material. Then, youTube forces you to host its own ads on your video page.
  Another video I showed on youTube included some video of barry bonds' record breaking home run, although there was no audio, and the video was of a house that just happened to have that game showing in the window. The video was removed due to copyright violation.
  You might want to indicate at the beginning of your video that it is clearly parody and describe what you think are the applicable laws protecting your 'fair-use'. Their lawyers will see right thru it, but it might stop some kid from flagging your video for abuse.
• Tue, 16 Dec 2008 00:52:00 GMT(7)

• Quote:

  Originally Posted by Alex23

  Did they already deny the video? If so, I wouldn't push it. It's someone else's artwork, and, to be Frank, someone else's idea. Don't be surprised if Jimmy Kimmel sues you, too.

  Lol, I don't think Jimmy Kimmel was the first one to do that. He just made it famous.
  All that has happened so far is that my video has been flagged as an ID match for a specific episode of SpongeBob by an automatic ID matching program that Youtube runs all the videos through upon upload. No one from Viacom has seen my video, or even knows that it exists. Copyright holders can choose from a few different options for use with the automatic ID program and Viacom chose the block option meaning that my video is on the Youtube servers but is not accessible by the general public. Because of the automatic nature of the ID matching, and the fact that there are numerous other video's similar to mine(though it is possible they have just flown under Viacom's radar), I'm not sure if Viacom actually cares if I use their material in this manner, of if they are just trying to prevent people from uploading their content unchanged and in its entirety.
  Youtube allows you to dispute the claim that your video infringes copyrights. I hope, and think, that this would just entail someone from Viacom reviewing the video and deciding if it violates their copyright, which is why I am think of disputing it. I can't be entirely sure though, as it seems the details of the process are intentionally left vague by Youtube.
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