A Fair(y) Use Tale is an educational video created by Eric S. Faden, who used clips from Disney Movies to make it. He was then sued for infringing on Disney’s copyright. But does his video fall under fair use?
First, let’s talk about fair use and how you can use it as a defense. The principles of fair use are purpose, the nature of the original content, the amount used, and the effect on the market. To claim fair use, it must be for educational purposes, critical comment purposes, parody/comedic purposes, or news reporting purposes.
Another factor is the amount used. You can’t post an entire movie with the voices changed to a higher pitch and claim fair use, can you? The answer would be no, because you used the entire work with it hardly being transformative at …show more content…
Eric’s video teaches about what copyright is, what can and can’t be copyrighted, the principles of fair use, what fair use is, what it isn’t, and more. The purpose is clearly educational. Eric also made no profit off of the video, meaning it was noncommercial, and, the video was also transformative and didn’t try to substitute the original at all. How? Well, it uses multiple clips in a different context than the movies have, meaning it does fall under fair use.
Then, there’s the amount. Like I said earlier, Eric used multiple clips (usually single words), all from different movies. This could be used as a way to say that Eric is infringing copyright because he used lots of footage, but none of these give away anything from the movies at all, and they’re even put into a different light (context) than the movies they’re taken from. While Eric did use lots of clips from different movies, he also used the same ones when the word was needed, thus limiting the clips used.
The nature also affects this. The nature of Eric’s video is transformative, meaning it doesn’t try to copy the original, plus, it’s also educational and is clearly not trying to harm or substitute the
First, let’s talk about fair use and how you can use it as a defense. The principles of fair use are purpose, the nature of the original content, the amount used, and the effect on the market. To claim fair use, it must be for educational purposes, critical comment purposes, parody/comedic purposes, or news reporting purposes.
Another factor is the amount used. You can’t post an entire movie with the voices changed to a higher pitch and claim fair use, can you? The answer would be no, because you used the entire work with it hardly being transformative at …show more content…
Eric’s video teaches about what copyright is, what can and can’t be copyrighted, the principles of fair use, what fair use is, what it isn’t, and more. The purpose is clearly educational. Eric also made no profit off of the video, meaning it was noncommercial, and, the video was also transformative and didn’t try to substitute the original at all. How? Well, it uses multiple clips in a different context than the movies have, meaning it does fall under fair use.
Then, there’s the amount. Like I said earlier, Eric used multiple clips (usually single words), all from different movies. This could be used as a way to say that Eric is infringing copyright because he used lots of footage, but none of these give away anything from the movies at all, and they’re even put into a different light (context) than the movies they’re taken from. While Eric did use lots of clips from different movies, he also used the same ones when the word was needed, thus limiting the clips used.
The nature also affects this. The nature of Eric’s video is transformative, meaning it doesn’t try to copy the original, plus, it’s also educational and is clearly not trying to harm or substitute the