<Concerned about Viacom’s knowing all and taking all? Arm yourself with information that could render that a moot point. The Center for Social Media has a document that can help you navigate the FairUse dispute regarding the use of copyright material
From the Introduction:
.This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.
This is a guide to current acceptable practices, drawing on the actual activities of creators, as discussed among other places in the study Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video[1]and backed by the judgment of a national panel of experts. It also draws, by way of analogy, upon the professional judgment and experience of documentary filmmakers, whose own code of best practices has been recognized throughout the film and television businesses.
The document does not codify “Fair USe”
When you create a fanvid or mashup, to fall under Fair Use, the work must answer two (2) key questions:
* Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?
* Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
In the case of a fanvid, this can be tricky. how long a clip is Fair Use? I have videos that are acceptable for Youtube and some that are not I presume due to the length of the clips I used in order to get the point made. A prime example of Fair Use is the Make McCain Exicting Challenge over at The Colbert Report.
The document, available as in PDF, lists several BEST PRACTICES for the use of copyrighted material/
Remix Culture
Notes
[1]When college kids make mashups of Hollywood movies, are they violating the law? Not necessarily, according to the latest study on copyright and creativity from the Center and American University’s Washington College of Law.
Tags: remixculture, fanvid, copyright, fair use