Fair Use


Photo from Pixabay under CC0 Creative Commons

I’m sorry that I missed posting last week guys. It totally slipped my mind. This week I’m going to talk about Fair Use, specifically on YouTube. Back in the day, I was one of the first adopters of YouTube. Starting my first YouTube account when they had a star rating system and the most popular video on the site was of a baby biting Charlie's finger. A lot has changed since then, they got bought by google, celebrities joined the site, and creators started making livable wages for uploading content. This brought problems though since some people were uploading content from other creators and even ripping off movies and TV. Some were using these copyrighted materials in the correct way of following the FCC guidelines and other straight up stole content. This brought about the takedown system of YouTube which still rules today. Anyone can take down anyone else content for any reason, ligament or not. One of the channels that was hit several times for this was the channel H3H3 where Ethan and Hila used satirical comedy to poke funny and some of the ridiculous people on YouTube. They were gain millions of views but because they were using clips from other people’s videos they got hit multiple time even with it being transformative in nature and meant in good fun. In 2015, they were hit with a copyright strike saying that they used copyrighted material from a video which they satirized a man who used parkour to pick up women. After the strike, they appealed and won the appeal to YouTube. This was then met by a lawsuit from the man in the video saying they were violating copyright and that he was on a vendetta to end their careers. 2 years later and the case is over in favor for H3H3 productions meaning that Ethan and Hila's saturation of a man picking up chicks with parkour is officially legal. What a world we live in.

news article: Link
final order: Link

Comments

  1. UnknownSeptember 29, 2017 at 11:08 PM

    What's good Evan. I liked how you started this with a connection you had with YouTube then the transformation it has taken to its current position. It is a shame that this is what it has come to; ratting on and taking down peoples own creations just for using some work from someone else. I understand it, but I wish the "rules" were less strict. I think if you give credit to the person who's work you are using (for that portion of your creation), everyone wins and gets noticed for their work; even if money isn't involved. I laughed at how you ended it with the funny example of how weird our society is!

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  2. AlanCastilloSeptember 29, 2017 at 11:55 PM

    I also chose to discuss h3h3productions' case in my own blog post, as I think it serves as a perfect example of fair use in action. Though it worked out for them in the end, I can't help but find it infuriating that an independent channel like that was forced to go to such extreme lengths merely to keep a single video up. Ideally, this case can serve as a precedent that would discourage unfair lawsuits in the future, as no one should have to undergo a similar scenario just to fight for what should be their lawful rights.

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