Copyright Legal Question
Jan 18, 2008 at 5:05 PM Thread Starter Post #1 of 8

bperboy

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I'm making a video that cuts and pastes words from different politicians to put together statements such as, "We will raise taxes for Americans". The content will be coming from news channels on television, and each quote will be 1 or 2 words long. The intent of the video is comedy, and I had intended to post the video on Youtube. I was wondering about the legality of this, and whether or not I should just keep it private. Also, if anyone can comment on this question, actual laws would be nice that would support what I'm doing.

Hopefully someone can answer,
Bperboy
 
Jan 18, 2008 at 5:10 PM Post #2 of 8
I'll go out on a limb here..... as long as you don't use the video for commercial use, you should be fine.
 
Jan 18, 2008 at 6:24 PM Post #3 of 8
I am not a lawyer (and this should not be interpreted as advice or counsel), but I've read enough about copyright to know that "as long as you don't make a profit" is a common misinterpretation of (USA) law. Profit has little to do with copyright law. Of course, if you make a profit, there is more motivation for someone to sue you and claim damages, but it doesn't change the legal basis.

Copyright is exactly what it sounds like--exclusive rights granted to a creator, to copy and distribute copies of their work.

That said, I would actually bet you are in the clear. There are several provisions for comedic parody and fair use...this is how Conan O'Brian and the like can get away with various skits employing images of famous people, etc.
 
Jan 18, 2008 at 6:41 PM Post #4 of 8
Quote:

Originally Posted by Omega /img/forum/go_quote.gif
I am not a lawyer (and this should not be interpreted as advice or counsel), but I've read enough about copyright to know that "as long as you don't make a profit" is a common misinterpretation of (USA) law. Profit has little to do with copyright law. Of course, if you make a profit, there is more motivation for someone to sue you and claim damages, but it doesn't change the legal basis.

Copyright is exactly what it sounds like--exclusive rights granted to a creator, to copy and distribute copies of their work.




Not exactly.

As much as publishers would like it to go away, in the USA you are still granted fair use rights.

http://www.copyright.gov/fls/fl102.html

Quote:

"quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported."


 
Jan 18, 2008 at 7:50 PM Post #5 of 8
Well, I've also posted my question on a legal forum, so hopefully people will respond there as well.

"That said, I would actually bet you are in the clear. There are several provisions for comedic parody and fair use...this is how Conan O'Brian and the like can get away with various skits employing images of famous people, etc."

This was my thought as well, but my parents wanted me to be careful so as not to get sued so...

I've seen things on Youtube which end up being much more infringing on copyrights than what I'm planning so logically I think I'm in the clear.
 
Jan 19, 2008 at 3:18 AM Post #6 of 8
§ 107. Limitations on exclusive rights: Fair use40

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.
U.S. Copyright Office - Copyright Law: Chapter 1
 
Jan 19, 2008 at 3:35 AM Post #7 of 8
Quote:

Originally Posted by Omega /img/forum/go_quote.gif
I am not a lawyer (and this should not be interpreted as advice or counsel)


if you're not a lawyer, then it couldn't be interpreted that way anyway.
wink.gif
 

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