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0 pointsericdykstra7y ago0 comments

I don't believe this is true. Every legitimate YouTube fair use case that I've seen go to court has gone in favor of the fair user.

The biggest name one so far is the H3H3 trial.[1] One that looks to be settled soon is Akilah Hughes suing Carl Benjamin (Sargon of Akkad), where all that Benjamin does is edit together two of Hughes videos with the only original addition being a new title. This is almost certainly going to go in favor of Sargon, yet YouTube's algorithms turned up to the nth degree would almost certainly have blocked it.[2]

If you go outside of YouTube, fair use law in the United States is very broad. Just look at what Richard Prince does with others' art. [3]

edit: added links

1. http://www.bbc.co.uk/newsbeat/article/41037631/youtube-stars...

2. https://www.youtube.com/watch?v=6LMgGBDZbJY

3. https://www.theguardian.com/technology/2015/jul/18/instagram...

0 comments

pbhjpbhj7y ago

Combining two videos in this way would be unlawful in the UK, where we have the very restricted "Fair Dealing" concessions, because downloading the videos in the first place is a tort[0].

Combining them is another, sharing them is another.

We basically have no concept of personal use in our copyright.

[0] if they were broadcast you can record but only for time-shifting, you can only watch once (alone!) and then are obliged to destroy the copy; you aren't allowed to format shift.

The lack of any remaining semblance of balance in copyright between the rights of the demos and media interests shows how badly distorted our Western democracies have become from representing the rights of people in general above the rights of the rich.

megous7y ago

Compare that to my country, where it's perfectly legal to download whatever music or movies you like from the internet for personal use, pirate websites or not. Also a western democracy. So it's not so bad everywhere.

Though a price for this is that we pay a special tax on every storage device we purchase.

anticensor7y ago

Turkey? We pay TRT license for all audiovisual capable equipment which is able to receive TRT content.

Gaelan7y ago

If you don’t mind, where is this?

thejenk7y ago

My mind jumped to Canada when I read the above comment, but really there are a number of countries that fit the mould. Most western countries have a special levy on blank media, including all EU member states except Luxembourg. I don't know which countries don't prohibit the downloading copyrighted material similarly to how they prohibit sharing that media, but Canada is one of them.

drdaeman7y ago

A special tax on storage devices and legal status for downloads matches Russia.

Not a western democracy, though.

seba_dos17y ago

It's like this in Poland for sure. You can't share, but can download. Doesn't apply to software of course due to its different licensing schema.

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egman_ekki7y ago

Could be Czech republic or Slovakia.

megous7y ago

Czech republic

paulie_a7y ago

Honestly the lack of balance with copyright law is why I simply ignore copyrights. They have become irrelevant to me.

quantum_magpie7y ago

Before this law, I would've retorted that it's not the Western democracies that are broken, just the US, and it's padawan, the UK. Now, however, I have to agree. Even the US-like fearmongering and terrorism of armed forces within EU cities is getting more prevalent lately.

j / k navigate · click thread line to collapse

0 comments

pbhjpbhj7y ago

Combining two videos in this way would be unlawful in the UK, where we have the very restricted "Fair Dealing" concessions, because downloading the videos in the first place is a tort[0].

Combining them is another, sharing them is another.

We basically have no concept of personal use in our copyright.

[0] if they were broadcast you can record but only for time-shifting, you can only watch once (alone!) and then are obliged to destroy the copy; you aren't allowed to format shift.

megous7y ago

Though a price for this is that we pay a special tax on every storage device we purchase.

anticensor7y ago

Turkey? We pay TRT license for all audiovisual capable equipment which is able to receive TRT content.

Gaelan7y ago

If you don’t mind, where is this?

thejenk7y ago

drdaeman7y ago

A special tax on storage devices and legal status for downloads matches Russia.

Not a western democracy, though.

seba_dos17y ago

It's like this in Poland for sure. You can't share, but can download. Doesn't apply to software of course due to its different licensing schema.

1 more reply

egman_ekki7y ago

Could be Czech republic or Slovakia.

megous7y ago

Czech republic

paulie_a7y ago

Honestly the lack of balance with copyright law is why I simply ignore copyrights. They have become irrelevant to me.

quantum_magpie7y ago

j / k navigate · click thread line to collapse