Bunny's second video is up

[thegayhare]

Hi Hi all

I recently put together this video of scenes from Disney's Wall-E set to one of my favorite old songs

http://www.youtube.com/watch?v=nIfRM4v3Elc

I think I did a pretty good job on the cuts and timing myself
What do you folks think?

Edit: I got hit with a copyright violation for the music I used in the vid.  I disputed it under fair use doctrine but I'm not sure how long it'll stay up

Would any one here know i this sort of thing would qualify as fair use?

[techmaster-glitch]

Soneone else has a different video of Wall-E using the same song. If their is up, why not yours?

[thegayhare]

Soneone else has a different video of Wall-E using the same song. If their is up, why not yours?

Not sure... in fact I sent them a pm asking just that.

personaly I think mine is a little smoother playing they used alot of still frames

[Kasarn]

Edit: I got hit with a copyright violation for the music I used in the vid.  I disputed it under fair use doctrine but I'm not sure how long it'll stay up

Would any one here know i this sort of thing would qualify as fair use?

It falls under the "It's probably not worth bothering the legal department about" use, but it is not fair use.

[Ryudo Lee]

AFAIK, in general terms, Fair Use states that you can use any copyrighted material without permission in order to create an original work, so long as you don't claim the copyrighted material that you used as your own.  I reserve the right to be wrong though.

[Kasarn]

AFAIK, in general terms, Fair Use states that you can use any copyrighted material without permission in order to create an original work, so long as you don't claim the copyrighted material that you used as your own.  I reserve the right to be wrong though.

If that were true, then the General Public License and Creative Commons wouldn't exist.

[superluser]

Would any one here know i this sort of thing would qualify as fair use?

As regards Wall-E?  Probably, since it's only 2 minutes long.

As regards Sinatra?  I dunno.

Fair use, as a necessity, is to be determined on a case by case basis.

Here's the doctrine, as enumerated in the US Code:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Fair use was part of common law before being made part of law, and common law fair use may be slightly different, but I'm pretty sure they just took common law fair use and codified it.

In this case, you're using this for nonprofit use, it's not excerpted from an unpublished work, you're using 3% of the original work of Wall-E, and it certainly won't affect how valuable Wall-E is in the future.

On the other hand, you've used most (all?) of a Sinatra song, and that may affect his ability to get people to pay for it in the future.  Of course, I did read somewhere that YouTube was getting licenses from ASCAP/BMI, and if that's the case, Sinatra should be gravy, too.

[Reese Tora]

Fair use generaly means to use a portion of another work for the purpose of commentary, satire, or parody.

IANAL, look up copyright law and fair use and see what it says.

http://www.copyright.gov/fls/fl102.html
http://www.copyright.gov/title17/92chap1.html#107

Many copyright violations are simply too minor for the copyright holder to bother pursuing, or would lead to PR problems if pursued (Capcom going after sprite comics, for instance, would arguably alienate a sizable portion of the existing fan base while yielding no profit.)

[superluser]

Fair use generaly means to use a portion of another work for the purpose of commentary, satire, or parody.

It can mean that, but it can also mean some other things, as well.

See, for example:

http://en.wikipedia.org/wiki/Appropriation_art#Appropriation_art_and_copyrights

[thegayhare]

Oh I know I'm okay with the Wall-E footage (people have put up much more then i did on you tube)  but it's the music that kills me. 

How could I do a proper music video like this and only use a portion of the song?

If I were to cut off the first 8 seconds of beats before sinatra or the piano starts up maybe  but that's really the only part of the song I could lose and keep any coherency with the story here.

mutilating a song by chopping it to bits seems like a worse offense then playing

and because I like the film and song and I'm not poking fun at it I can't claim parody

I flailed about in my despute.  the youtube automated dispute thingy only gives you a small area to explain... I said it doesn't iminish the works of frank sinatra in any way and may increase  his recognition slightly by introducing his works to a younger audiance who might not have heard the music other wise.


I realy have no hope that will stand up I'm just hopping they realy don't care and don't bother to respond to it since it's such a tiny case.  the worst that happens youtube delets the vid since it had already removed it once (seconds after it was uploaded,  My dispute allowed the vid to be veiwed until it's settled) I doubt there will be any big todo over it.


I just hope my next song doesn't have this sort of hang up...  Who knows though until a week ago I hadn't even heard of the band phantom planet so *shrugs*

[Azriel]

It's a shame that your video had a bump as far as copyright goes, but I for one found it to be very tasteful.

[llearch n'n'daCorna]

Looks very good, TGH.

Personally, I prefer Fly me of the Handel, but that's a minor matter of personal preference... ;-]

[thegayhare]

I hope you folks like this one

I originally wanted to use clips from several movies but I managed to get it all done with just one... and I think it came out pretty darn good

http://www.youtube.com/watch?v=2jR2tmkZklM