Friday, April 15, 2011
Fair Use Fridays: YouTube Flunks Copyright School
According to Zeropaid's piece here, accused copyright infringers on YouTube will have to attend YouTube Copyright School, which involves watching a video and taking a quiz.
Why doesn't YouTube's video mention the public domain? Watch the video and you will see a child-like figure being smashed with a gavel over the head for purported copyright infringement. It is disturbing to see that YouTube is indoctrinating children into fear of quoting materials by authors living and dead by showing images of corporal punishment meted out by judges.
According to the video, if you are not sure what fair use is, you must consult a copyright lawyer. Of course all children have copyright lawyers, so that is a workable solution.
YouTube's video doesn't mention copyright law's grounding in the US Constitution, nor the purpose of copyright law.
The US Constitution's Copyright Clause permits the US Congress:
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
YouTube's video fails my copyright school.
More on the fair use doctrine.
More on public domain.
Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here
Labels: copyright infringement, copyright psa, fair use doctrine, licensing film clips, public domain, us constitution copyright clause, youtube copyright school, zeropaid
Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.