QUESTION
I need help with a copyright issue pertaining to whether I am in the right and should file a DMCA counternotification. My full question is in the deta
Asked on Sep 13th, 2011 on Intellectual Property - New York
More details to this question:
I recently posted a video on Youtube. It was a bleep video. I basically took a short clip from a Nickelodeon TV show and edited it down. After I edited the length I edited the audio and added in sounds that make the videos funny. This video was a sort of comedic parody. Does it qualify for fair use? Is t worth sending a counter notification? For your reference I enclosed a similar video I made in this link. You can look up the original and see that I changed it. http://www.youtube.com/watch?v=fztIkVeiuAM Thank You for your help.
1 ANSWER
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Fair-use claims are always extremely fact-intensive. The answer will depend in significant part on the arguably most important of the fair-use factors, which is the economic impact on the copyright owner of your copying. Also, in order to qualify as a parody, you must actually make fun of the original, not merely change it in some way. There is quite a bit of law on this issue, including a Supreme Court case.
In deciding whether to attempt to oppose the DMCA takedown notice, what's in it for you? Does this clip have commercial value for you? If so, that would tend to militate in favor of the other side's position.
We practice in this area. Feel free to call my office at (203) 399-1320 if you want to engage us in connection with this issue.
Answered on Sep 14th, 2011 at 4:05 AM