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Copyright, Exceptions, and Fair Use: Crash Course Intellectual Property #3

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  • Опубликовано: 19 авг 2024
  • Stan Muller teaches you a few things about copyright enforcement and talks about the exceptions to copyright enforcement. While there are several, the one you've probably heard of is Fair Use, and it's a pretty tricky one. We'll try to explain it and teach you just why fair use is so loosey-goosey.
    Citation1: 17 USC 503
    Citation 2: Hargreaves, Ian. Digital Opportunity: A Review of Intellectual Property and Growth. UK Intellectual Property Office. P 5
    Citation 3: Iowa State Univ. Research Found., Inc. v. American Broadcasting Cos., 621 F.2d 57 (2d Cir. 1980)
    Citation 4: Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539, 551, 105 S. Ct. 2218, 85 L. Ed. 2d 588 (1985) (quoting) Joseph McDonald, Non-Infringing Uses, 9 Bull. Copyright Soc'y 466, 467 No. 355 (1962)
    Links We Promised:
    Copyright Office Fair Use Index: copyright.gov/f...
    Best Practices Documents:
    www.cmsimpact.o...
    infringementnat...
    ***
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Комментарии • 478

  • @Xenro66
    @Xenro66 9 лет назад +96

    "Take not from others, to such an extent and in such a manner that you'd be resentful if they so took from you". I completely agree to that... And that's the rule I generally go by. For example, let's say I wanted to make an intro, and I found an awesome piece of music that lasted for 5 seconds, I'd use it without a doubt. If I created a song, and 5 seconds of it was used in someone's intro (but said where it was sourced), I'd be fine with it. Hell, I'd be fine with them using the entire song, as long as they don't try to claim it as theirs.

    • @poordick4320
      @poordick4320 9 лет назад +14

      Jordan O'C The only problem with that guideline* is that it only works if society as a hole has a general, over arching consensus. Honestly, I don't think we have such a consensus and individual tolerance varies wildly.
      I've known individuals who would take no offense to someone taking the shirt off their backs or the food off their tables - and others who wouldn't let someone dying of thirst drink from their tap.
      From what I've found, content creators tend to run the same gambit - and it is from that basic disagreement that so much of our problems are generated.
      *It's worthing noting that I think the more traditional golden and silver rules suffer the same issues.

    • @photios4779
      @photios4779 4 года назад +3

      I like your paraphrase of the Golden Rule. Unfortunately there is a different Golden Rule which is applicable to song copyrights, "He who has the gold makes the rules." Corporate lobbyists have influenced politicians over the years into making copyright laws and enforcement increasingly strict. Many RUclipsrs have received copyright claims or strikes over a few second snippet of a song in their video. I've even come across instances (e.g. Mumbo Jumbo's channel) of a copyright claim being issued over an unauthorized _sample_ embedded within a short snippet of a song the uploader otherwise has permission to use. It's kind of like a cop pulling you over for going one mile per hour over the speed limit; there are some individuals and groups who are so protective over their copyrights they will flag the smallest "unauthorized" use according to the strict letter of the law.
      As someone previously stated, people (and corporations) have different levels of tolerance for creative reuse of their copyrighted works. If I were a musical artist, I'd be thrilled if someone used a five second clip of one of my songs in their intro as long as I was given credit. But there are artists who feel very differently. Prince for example was notoriously strict when it comes to copyright and others reusing content from his songs.

  • @wbedard
    @wbedard 9 лет назад +20

    You knocked this one completely out of the park, Stan! I'm going to re-share this video within an inch of it's life. Everyone in the modern digital world should watch it. Thanks for all the hard work!

  • @LetsTakeWalk
    @LetsTakeWalk 9 лет назад +77

    Fair Use should not be used as a defense. It should be proven that a copyright infringement was not done in Fair Use. Meaning, a copyright owner must first proof Fair Use WAS NOT in play.

    • @MADDMOODY516
      @MADDMOODY516 7 лет назад +2

      i want to make a clip vid of all my fav comedy bits of all time is that fair use?

    • @Tavdogg11
      @Tavdogg11 7 лет назад +5

      Red seeds yes, but be careful, youtubes copyright system is broken

    • @jeremyw9709
      @jeremyw9709 5 лет назад +7

      Exactly. Copyright on RUclips seems to have a "guilty until proven innocent" mentality that needs to go away

  • @produck11
    @produck11 9 лет назад +81

    Water aerobics probably isn't very good for a fresh tattoo

  • @WhatsAnOxfordComma
    @WhatsAnOxfordComma 9 лет назад +9

    An INCREDIBLY interesting Crash Course series. One of my absolute favorites.

  • @economath8164
    @economath8164 9 лет назад +135

    Thumbs up for each time you caught the little Mongol pop up in the background every time Stan said "exception".

    • @economath8164
      @economath8164 9 лет назад +11

      I count 9 times throughout the video.

    • @LatonyaWilliams
      @LatonyaWilliams 4 года назад +3

      I didn't know what that thing was...thanks for I thought I was going crazier :D

    • @economath8164
      @economath8164 4 года назад +3

      @@LatonyaWilliams Haha! Yeah, it's a callback to the Crash Course World History series. Every time there's some broad global historical trend, somehow the Mongols manage to be an exception. It's like its own thing in that history series.

  • @stellarfirefly
    @stellarfirefly 9 лет назад +76

    Finally, now I know the source of the Mongoltage! ^^

  • @DuranmanX
    @DuranmanX 9 лет назад +128

    make a video on the legality of Let's Plays and how monetization fits into this

    • @EverettGuenther
      @EverettGuenther 9 лет назад +3

      That would be a pretty simple video though. Most disputes over copyright in Lets Plays are either very black and white , a false claim or a technical error by RUclips.

    • @bemusedalligator
      @bemusedalligator 9 лет назад +3

      ***** Let's Plays/walkthroughs are almost always legal. Monetization of let's plays and walkthroughs are usually not, but getting the necessary permission from the publisher is not very hard
      Take for instance Final fantasy 14 (support.na.square-enix.com/rule.php?id=5382&tag=authc) they give you a notice to stick in the video description, an say that "You may not sell the materials to third parties" (eg. youtube) "as original content", and "you may not use the materials to promote other commercial products" (eg. have advertising on your video).
      so you may record and post the video as long as you have the copyright notice, and do not show ads with the content, so you may not monetize without permission.

    • @DuranmanX
      @DuranmanX 9 лет назад +1

      what about a discussion on emulation of software you bought? there are people who'd argue that is legal

    • @Mostlyharmless1985
      @Mostlyharmless1985 9 лет назад +5

      ***** It is perfectly legal. reverse engineering a product is protected. Writing software that emulates the behavior of a piece of hardware is allowed as long as none of the original IP coding is used. that is to say, I can write a piece of code that acts exactly like an NES ROM chip, I can't copy the rom chip byte for byte and include it in my code and sell it. (in fact, i certainly can do such a t hing cause the NES patent is up, so you can make as many hardware clones of it that you want but that's not the point i'm trying to make :) )
      As for the software that runs on videogame emulation, it's a bit more sticky. I can not distribute a game rom. I can't even download a game rom of a game that I personally own. But i AM allowed to copy a game rom to whatever format I choose and use it however I want.

    • @aberaham
      @aberaham 9 лет назад +2

      ***** If the software has any type of DRM, the DMCA makes it illegal to break that DRM (or to even tell how to break the DRM) even if you legally own the software. Before the DMCA existed, something like an emulator would probably have been perfectly legal, but enabling software to be used on devices that it was not made for is likely a violation.

  • @jackingtonfoxpickle4861
    @jackingtonfoxpickle4861 9 лет назад +1

    The most graceful end to a crash course episode ever.

  • @Jeff-xy7fv
    @Jeff-xy7fv 5 лет назад +5

    Any use of any copyrighted work where it is not done for profit should be considered fair use. This would save a TON of copyright issues that pop up. The only infringement lawsuits that should be valid are the ones where someone was trying to make money off someone's intellectual property. All that is needed is a simple redefinition of "fair use".

  • @AldoOjeda
    @AldoOjeda 9 лет назад +4

    Water aerobics after getting a tattoo? worst idea ever. You don't get near a pool unless you want to catch an infection!

  • @Zarsla
    @Zarsla 9 лет назад +7

    Reference Time:
    The 1D poster in the background, I laughed when I saw Zayn was crossed out with a frown-y face. 0:42-0:53, also the vacuum bot, the thing he made last episode, Paper Towns, the Tardis,the magic eight ball, the crash course us history poster, talyor swift poster, oxy-clean poster, the angular fish.
    0:58-1:05
    A world history poster, a mongol statue (Do those exist, cause that would be cool If I could by one),, the Uncle Sam wants you to work for country with either Hank or John.
    1:06-1:10:
    I think that was some US presidents in the car in the window
    1:41-1:46:
    Emily in Pictures, His dog on vacuum bot.
    1:47-201
    Wheezy, Emily, Hank and Phil wearing a mongol mask at John Green's Birthday party, Also iPhone.
    Also his dog is everywhere, even in the pool at his water aerobics class.
    Man, I love the thought bubble.

  • @radishraccoon3657
    @radishraccoon3657 9 лет назад +4

    These are such interesting videos. And Stan is a really good and clear speaker. I think it sometimes gets a bit bogged down in terminology, but the first video in the series definitely suffered a lot more from that than this one and the previous.

  • @matheuscardoso1
    @matheuscardoso1 8 лет назад +5

    One day I'm gonna be rich. Then I will finally support you guys on Patreon, to reward you for the much I've learned watching your videos (not only this serie, but History, Economics, etc.).
    Grateful for all of this.
    Keep up with the good work.

  • @michaelmerrill7075
    @michaelmerrill7075 8 лет назад +1

    As a beginning RUclipsr, this video - and this whole course - is fantastic! Thank you!

  • @AldrymG
    @AldrymG 9 лет назад +9

    1:55 John Green's Birthday ft. Hank Green, Emily Graslie, Craig Benzine, and Phil Plait.

  • @daedra40
    @daedra40 9 лет назад +2

    That quotation at the end sound so poetic if not practical.

  • @momijitattoo
    @momijitattoo 9 лет назад +17

    Please people! Do not get in a pool just after getting tattooed! Actually do not get in a pool until it is healed! XD

  • @fancydressinvite
    @fancydressinvite 9 лет назад +6

    crash course ethics/philosophy would be amazing. one can dream

    • @ikemoon127
      @ikemoon127 7 лет назад +1

      Katie H
      It's here, 40+ episodes in.

    • @fancydressinvite
      @fancydressinvite 7 лет назад +2

      i know i'm watching it too! so happy they did it

  • @toreinimene1071
    @toreinimene1071 9 лет назад +5

    I hope this guy will replace John Green in social and liberal arts courses. This video was the best in this course so far. Thanks for sharing the info.

  • @brainjartv7709
    @brainjartv7709 8 лет назад +1

    Superb stuff - this video manages to make a potentially boring and annoying subject both informative AND hugely entertaining!

  • @SalemCobalt
    @SalemCobalt 9 лет назад

    Stan really REALLY needs to star in more future Crash Course series. This is awesome!

  • @anthonyortiz6675
    @anthonyortiz6675 9 лет назад +8

    A single 140 character tweet and, depending on the length, a single Facebook post, would not be sufficient in length to contain a "modicum of originality" as the court held in Feist. So while it would be "fixed" for purposes of §102, there would not be the requisite originality in order for the work to be copyrightable. If its not copyrightable, its not subject to any of the exceptions or defenses. This is subject to change if there are numerous posts/tweets. An argument could be made that the works, in the aggregate, are copyrightable as a "compilation" under §103.
    Also, following your tattoo hypothetical, under §109(c), "...the owner of a particular copy lawfully made under this title...is entitled, without the authority of the copyright owner, to display that copy publicly...to viewers present at the place where the copy is located." As long as you can prove that you obtain that particular copy of the work/character lawfully, the "public display" on your arm would be a exception. That's a rather weak argument given that it is not the same "copy," but a reproduction. The stronger argument is that the "purpose and character of the use" (a tattoo) is transformative, non-commerical and not a market substitute for that character, thus weighing heavily in favor of fair use.
    However, considering this is a "crash course," the rest of your video is on point. Full disclosure: I have a copyright final on Tuesday so this was a rather helpful exercise.

    • @chiu20044b122
      @chiu20044b122 9 лет назад +3

      Anthony Ortiz I think the beginning of the video was more aimed at showing how infinitely broad copyright laws could affect our lives and why fair use is important. But goods points.
      (Also have a copyright law final next week)

    • @photios4779
      @photios4779 4 года назад

      Now that Twitter has increased the character limit from 140 to 280 characters, it's no longer so clear that a single tweet is not sufficient in length to contain the necessary "modicum of originality" to meet the relatively low originality threshold for copyright to exist. As of April 2020, there is a case currently winding its way through the courts (Bell v. Chicago Cubs Baseball Club, LLC) over an allegedly infringing retweet of a quote. Notably a judge refused to dismiss the direct infringement claim and allowed it to proceed to trial.
      One has to be especially careful about tweeting or retweeting copyrighted photos or videos. In Goldman v. Breitbart News Network, 302 F. Supp. 3d 585 (S.D.N.Y. 2018), federal district court judge Katherine Forrest wrote, "that when defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff’s exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield from this result."

  • @Tomyb15
    @Tomyb15 9 лет назад +1

    The thank you board at the end still uses the subbable heart! There is nothing wrong, it just makes a bit less sense here, but still I like to see that the logo has not gone to waste!

  • @AnlanCA
    @AnlanCA 6 лет назад +1

    This video requires lots of research. Thanks for updating!

  • @JusIgnoreMe
    @JusIgnoreMe 9 лет назад +3

    Why the heck would anyone dislike this? What's wrong with this world?

  • @paco8009
    @paco8009 9 лет назад +32

    3:11 anyone catch that in background!

    • @youtoobay
      @youtoobay 9 лет назад +4

      Ahmed There's another one at 5:32, I wonder if there's more.

    • @brdn666
      @brdn666 9 лет назад +8

      Caucasiafro Yeah, there seems to be one every time Stan says exception. :)

    • @BinaryHistory
      @BinaryHistory 9 лет назад +1

      Caucasiafro 5:24, look at the plant. Also, 6:36, pillar

    • @ReallyWemja
      @ReallyWemja 9 лет назад +1

      Brandon Saintonge the question now is: What is it ?

    • @jkkolham170
      @jkkolham170 9 лет назад +1

      Caucasiafro there's one at 3:15 3:18 3:20 5:25 the one you said at 5:32 and one at 6:33.

  • @RodimusPrimal
    @RodimusPrimal 8 лет назад +22

    So to my understanding, explaining a plot hole in a TV series and showing clips from that series to explain my point would be considered fair use right? If so then please, explain that to Hasbro!

    • @CAT-2323
      @CAT-2323 7 лет назад

      RodimusPrimal it should

    • @MissPopuri
      @MissPopuri 6 лет назад +3

      How much money are you willing to dish out in order to get the lawyer to fight by your side?

    • @hafizmusayev927
      @hafizmusayev927 5 лет назад

      silinsin

    • @sillygoose635
      @sillygoose635 5 лет назад

      as long as you ask for permission

    • @photios4779
      @photios4779 4 года назад

      It should be fair use under American law as long as the clips are directly relevant to your commentary and show no more than what is necessary to illustrate your points. But a lot of big media companies will still claim _any_ video that features their content, regardless of fair use. They have the money to spend millions on hiring the best lawyers, and you most likely don't. Life isn't always fair.

  • @gustavojohannessautter9484
    @gustavojohannessautter9484 9 лет назад +10

    I always had this question in mind: If i upload something that infriges copyright in Brazil, but the site that i uploaded is in the US, what copyright law goes: the Brazilian one or the Americn one?

    • @photios4779
      @photios4779 4 года назад +2

      If you're a Brazilian citizen or resident, you could get into trouble for uploading something that infringes copyright in Brazil, even if it does not do so in the U.S. If the copyright owner discovers that you're the uploader, they could file a lawsuit against you in Brazil. Even though you're placing the work on a foreign website and it is legal content where it is hosted, the fact remains that you're still guilty of infringement in Brazil because you had no legal right under Brazilian law to reproduce the content. But if you're an American with no connections to Brazil, you're not going to get into trouble because Brazilian courts have no jurisdiction over you. The site itself might get into trouble though if it has operations in Brazil or is merely accessible there. Project Gutenberg (a US based repository of public domain books) once got into trouble in Germany for hosting a book that is public domain in the US, but still under copyright protection in Germany. A German court ordered their entire website to be geoblocked for German users. I'm not a lawyer or legal expert, so anyone who is may correct me on any inaccuracies.

    • @ZeldagigafanMatthew
      @ZeldagigafanMatthew 4 года назад

      It ultimately comes down to two questions. 1: What country are you a citizen of, and 2: Does Brazil have what is known as a "copyright treaty" with the country you're a citizen of.

    • @gustavojohannessautter9484
      @gustavojohannessautter9484 4 года назад

      @@ZeldagigafanMatthew interestingly now I'm studying law here in Brazil, so I now the answer I guess lol

    • @photios4779
      @photios4779 4 года назад

      @@ZeldagigafanMatthew Just a little clarification on the second question. Nearly all of the world's countries have ratified and implemented the Berne Convention, which requires countries to recognize the copyrights in all member countries for a minimum of the life of the author + 50 years. So Brazil and most other countries do have a copyright treaty with the United States.
      Unfortunately things get messy when it comes to older works near the end of their copyright term because some countries have extended the duration of copyright protection beyond the Berne minimum and others haven't. The United States also arbitrarily decided in 1998 to grant a fixed term of 95 years to all works published prior to 1978, unless they already entered the public domain through a failure to register or renew the copyright, but that's just an added layer of complication. Anyways, no other country does this because the life of the author + either 50 or 70 years is the standard nearly all other countries use. This means that some works will be public domain in Brazil, but still copyrighted in the United States, and vice versa. What matters here as far as copyright is concerned is the law in the particular country you're a citizen or permanent resident of. You don't have to dig deep into international treaty relations with Brazil to find out if a work by a Brazilian author is still copyrighted in the United States; you just have to consult American law and know when the work was first published. Any international treaty that requires a change in American law will result in the law being amended by Congress when the treaty is implemented. But if you're an American running a website which hosts a work published by a Brazilian author that is public domain in the United States and still under copyright protection in Brazil, then you may need to geoblock access to that work for visitors to your site with Brazilian IP addresses, just to be on the safe side.

  • @Holobrine
    @Holobrine 9 лет назад +5

    6:32 There's another one behind the pillar.

  • @PaulEKlein
    @PaulEKlein 9 лет назад +9

    Hi Stan - it would be great if you could cover plagiarism in music - who really owns copyright in a drum pattern, a chord progression, a melody of three notes? some decisions seems so arbitrary and inconsistent. and does it matter that 'stealing' from old songs tends to boost sales for the old song, not reduce it?

  • @rorycavanagh5475
    @rorycavanagh5475 7 месяцев назад +1

    Great video. Excellent sense of humour

  • @LifeofMarie267
    @LifeofMarie267 7 лет назад

    Stan, you explained it better than my Communication Law professor did in college. Bravo!

  • @shawnjones3360
    @shawnjones3360 9 лет назад +9

    Love the little mongol popping up all over in the background lol

  • @dianahaas2510
    @dianahaas2510 9 лет назад +1

    Seventh like! I just want to thank my teacher. He has influenced me very deeply and I never thought I would be under ten likes. Thank you guys for reading my comments. I love you all. Thank you

  • @jessesierke6264
    @jessesierke6264 Год назад

    Thanks for the awesome information! Im a writer who wanted to know what I need to do to borrow ideas from other works. I’ll use the “transformative use” test, and run it by a copyright lawyer before submitting it to a publisher.

  • @themotherbrassica
    @themotherbrassica 9 лет назад +2

    I would have thought that translating a song into another language and uploading a timed subtitle track with the audio would fall under the realm of transformative use, since it would bring the song to a wider audience than it could otherwise have reached. I'm not fully sure I understand how and why record labels make copyright claims against this sort of video.

  • @Its_ava-official
    @Its_ava-official 4 года назад

    I love the way you talk, so easy to understand different topics. Thanks!

  • @verygoodvideoediting3011
    @verygoodvideoediting3011 Год назад +1

    Great info, thank you!
    FYI, looks like there's an ongoing lawsuit where a photographer is suit over someone getting a tattoo of one of their pictures, and the plaintiff seems to be winning, crazy. Looks up Sedlik v. Von Drachenberg No. CV 21-1102, 2022 WL 2784818 (C.D. Cal. May 31, 2022)

  • @usemoretape4302
    @usemoretape4302 9 лет назад

    If anyone's read Sydney Padua's new book The Thrilling Adventures of Lovelace and Babbage (based on her webcomic), she makes a pretty convincing argument that she was able to find biographical information on Babbage that had been forgotten since the 1800's through Google Books and the ability to search through obscure collections of documents without needing to travel physically to pour over old archives of seemingly irrelevant documents. This effect could likely happen with more recent materials, and I think makes a really strong case for, at the very least, being able to upload nonfiction materials without significant transformation.

  • @scottwiseman2966
    @scottwiseman2966 4 года назад

    You have inspired me. Fingers crossed that RUclips and Adsense approves me to move forward. Love your Buy CrashCourse merchandise. Serious high tech

  • @joshn2564
    @joshn2564 9 лет назад +3

    If I have an idea I post on Patreon, but somebody else thought of the same idea in the past who owns the idea? For Example www.patreon.com/user?u=752487
    Found the Answer in the copyright 'golden rule' quote at the end "take not from others to such an extent and in such a manner that you would be resentful if they so too took from you." In a way the quote means Love thy Neighbors right to intellectual property.

    • @photios4779
      @photios4779 4 года назад

      Copyright only protects the specific expressions of an idea, not the idea itself. On a generic level of basic story plots, character types, musical themes, artistic styles, etc. most ideas have already been done by someone else. You shouldn't feel guilty about using a basic or generic idea that has already been done, as long as you express it in your own unique way. Intellectual property law does protect via patents certain forms of ideas that when expressed as a tangible machine, product or process, have a functional purpose, but patent law is not something an artist, writer or musician needs to worry too much about.

  • @floresblancoyasociados9676
    @floresblancoyasociados9676 5 лет назад

    Great Job. We are impressed. Greetings from mexico. We ourselves try to educate the audience about copyright and you’re a great inspiration.

  • @s_mores
    @s_mores 9 лет назад +2

    Another really interesting subject, with a great speaker, thanks :)

  • @SydiusVideo
    @SydiusVideo Год назад +1

    Thank you

  • @jakepelter4045
    @jakepelter4045 9 лет назад +2

    I love you Stan.

  • @Holobrine
    @Holobrine 9 лет назад +13

    Are there international copyright laws? What happens if a Brit uploads something that violates US copyright but not UK copyright? Whose laws do you go by?

    • @bemusedalligator
      @bemusedalligator 9 лет назад +1

      Holobrine the laws are different in different countries. If you're in the US and break US copywrite you get prosecuted, if you're in britain and break US copywrite no one cares, unless they hate you enough to extradite you to the US to be punished.
      Just like if you murder someone in the US and go to britain, you don't get punished for murder in britain, you get punished in the US

    • @aberaham
      @aberaham 9 лет назад +3

      Holobrine I'm assuming they'll get into it eventually in this series; but yes, there is international copyright enforcement. Quite a few countries have agreed to enforce each others copyrights, this agreement is called the Berne Convention. There are countries that aren't part of this agreement--china, as an example--which causes a lot of tension during trade negotiations. Also, the US is very coercive in trying to get other countries to enforce the US's copyrights by placing trade restrictions on countries (this recently happened to Spain).

    • @delusionnnnn
      @delusionnnnn 9 лет назад +1

      Holobrine While different countries have different specific laws, what generally happens is that it's in the best interests of countries with the largest marketable amounts of intellectual property (lobbying firms representing the distribution companies) to agree to laws which are generally compatible with one another. This is why there are international copyright agreements which more and more countries are signatories to, and why countries like the US, the UK, and Japan are heavily invested in promoting worldwide.

    • @neeneko
      @neeneko 9 лет назад

      Bradley Callaway Given the increasingly low barrier for brining such cases, we are seeing more and more of this happen. Just like inter-state copyright claims have become more common (where you have to travel from your state to the one you are being sued in otherwise there is summary judgement), we are increasingly seeing companies bring suit against individuals in other countries who then have to either travel to the US or have a summary judgement against them. Granted at that point collecting can be difficult, but not impossible.

    • @RothAnim
      @RothAnim 9 лет назад

      aberaham Yep. Not every country follows every aspect of the Berne Convention either. Good example is droit morale, the idea that the original creator retains moral rights to the presentation of their work, separate from economic rights. US copyright law does not incorporate these; laws in Canada and much of Europe do. These rights are not lost under Work for Hire, and must be explicitly waived in contracts.
      The classic Canadian example is Snow v. The Eaton Centre Ltd. Artist Michel Snow created a sculpture of Canadian Geese for a Toronto Mall. The mall decided to decorate the geese with bows for Christmas. Artist, who did not sign away his moral rights, objected to this presentation, sued the mall to remove the decorations, and won.

  • @dwolivas
    @dwolivas 6 лет назад +1

    Watched all 3 in a row today, thanks for making me laugh, and for all the info. I hope in the 3 years since you made this not much has changed in terms of the basics. I know USA copyright is about to change for the first time in decades, its about time for this new global service that will administer copyright law for the digital world

  • @neeneko
    @neeneko 9 лет назад +1

    Hrm. If moving from dead tree to digital is sufficiently transformative for first sale to no longer apply, seems like it should also be transformative enough to kick in fair use.
    I do not terribly mind companies or groups that attempt to use copyright consistently, but this whole 'not a sale or a license, but combines whichever elements we want at the time' stuff annoys me greatly.

  • @Resurr3ction
    @Resurr3ction 9 лет назад

    If digital copy is an infringement of copyright then you cannot even play your legally bought mp3s or read e-books etc. Simply because everytime you use those files the computer makes a copy of them to show them to you. Either to the computer's memory or actually twice (or more) - to HDD first downloading it (and in the process copying it number of times from computer/server to computer/server) from the internet and then to computer's memory to render it - when using cloud services.

  • @FrozenSpector
    @FrozenSpector 9 лет назад

    One of the important takeaways from this video:
    @ 6:14 "Anyway, 'fair use' is an 'affirmative defense', which means the defendant must show and prove that the use was 'fair' and not an infringement."
    More information can be found here: en.wikipedia.org/wiki/Affirmative_defense

  • @AhmedKMoustafa2
    @AhmedKMoustafa2 8 лет назад

    this is a very complex and important topic. It needs a lot of effort to understand.

  •  9 лет назад +1

    Thank you for your videos!!! Very informative and educative!

  • @Yewon2001
    @Yewon2001 9 лет назад

    This is interesting. I'm current suing someone for stealing my facebook group that I spent 10 years building so I like this series.

  • @YourMomWasHere2Day
    @YourMomWasHere2Day 9 лет назад

    I'm writing a paper on plagiarism and Is really helped me understand more. Thanks bae.

  • @ArianExtist
    @ArianExtist 9 лет назад +1

    I like Stan; that is all.

  • @paulcottrell5537
    @paulcottrell5537 Год назад

    I'm so glad the Mongoltage keeps getting its mileage.

  • @christophertacitus9011
    @christophertacitus9011 9 лет назад +1

    An excellent video, very well explained.

  • @andy4an
    @andy4an 9 лет назад

    There are still 50 blockbuster videos in the United States. Two of them are in Fairbanks Alaska.

  • @Pratchettgaiman
    @Pratchettgaiman 9 лет назад +3

    Now I need to go find "Hercules vs. the Mongols"

  • @heavyh13
    @heavyh13 2 года назад

    Thanks for the training!

  • @borozanc
    @borozanc 5 лет назад

    Having Stan present is like The Beatles letting Ringo sing, just way better.

  • @TheFireflyGrave
    @TheFireflyGrave 9 лет назад

    Now I have to find a way to watch Hercules vs. The Mongols. Thanks Stan.

  • @evans7771
    @evans7771 9 лет назад

    gave a thumbs up for the adventure time doodle.

  • @mh1ultramarine
    @mh1ultramarine 9 лет назад

    Some end user argements take me a day to read. Apples I just gave up on, I don't even remember the start when I'm finished

  • @Zerepzerreitug
    @Zerepzerreitug 9 лет назад +4

    That's a nice golden rule for fair use at the end.
    Also, that mongoltage! :D

  • @paulhager5868
    @paulhager5868 9 лет назад +1

    Can you legally use an entire copyrighted song in the background of your class presentation? It doesn't damage the copyright holder's profit or claim to the work, but it does borrow their work for your own "gain," if it can be called that...

  • @cmeflywva
    @cmeflywva 9 лет назад +5

    I need that Crash Course blanket. Make it a thing!

  • @km1dash6
    @km1dash6 5 лет назад +1

    I read the terms of use, but I forget the majority of what I read almost immediately after clicking the "I accept," button.

  • @skleptic
    @skleptic 5 лет назад +5

    Just been rejected for monetization by RUclips even though all my videos are 'transformative', they easily 'add new expression or meaning to the original' but I guess RUclips doesn't care about that 🤔

  • @nykid30
    @nykid30 6 лет назад +1

    So, retweeting is infringement? How is that possible if, when someone signs up for a service, they give up some rights to anything they post when it's not in a private setting?

  • @imovers
    @imovers 6 месяцев назад +2

    Have you considered updating this?

  • @jimboburgess42069
    @jimboburgess42069 9 лет назад +1

    awe stan, you're awesome, i love you

  • @Socken1255
    @Socken1255 9 лет назад

    I seem to remember learning somewhere that if the copyrighted work was incidental (like background music in a gym where you filmed your friend running or something) that also contributed to fair use?

  • @joshk6577
    @joshk6577 9 лет назад +1

    Thanks for this series. Really caught my interest. You have my patronage.

  • @ClayMorgan
    @ClayMorgan 8 лет назад

    Awesome series guys. Keep up the great work.

  • @alpen6652
    @alpen6652 8 лет назад +1

    Jinx needs to see this

  • @SlimThrull
    @SlimThrull 9 лет назад +2

    Hi Stan!

  • @Bozewani
    @Bozewani 9 лет назад

    I love how you close with Crashcourse copyright of course it's not transformative and it's not qualitatively substantive

  • @GroovyHistorian
    @GroovyHistorian 9 лет назад +1

    this is a great video thanks for sharing !!!!

  • @Paholala
    @Paholala 8 лет назад +2

    I've watched all the videos here of intellectual property and I still find it very hard to understand.

  • @Klodvig105
    @Klodvig105 9 лет назад +1

    Noticed how none of the devices at 2:38 mark have no Home buttons or cmd symbol in the keyboard? They are considered to be trademarks, and cannot be used in a stock image.

  • @Kram1032
    @Kram1032 9 лет назад +1

    I wish certain "newspapers" would actually make use of their copyright and thus flag themselves as very clearly not stating fact.

  • @Jackcabbit
    @Jackcabbit 9 лет назад

    At the end starting around 11:25 there's some sort of liability statement. Could you guys please use a darker background color for that? It is difficult to read and in the interest of the people likely watching this series it would seem beneficial to let it be more easily read so we can get more of an understanding of contracts and law.

  • @shanexyz3972
    @shanexyz3972 8 лет назад

    Actually the First Sale doctrine doesn't just apply to the reproduction right. It also applies to the display and performance rights - which might actually be more pertinent to everyday life since many designs on clothes that we wear in public can be copyrighted (though not the clothes themselves.)
    Also, Fair Use isn't an "exception" - it is a defense, and an affirmative one at that (the video refers to it as both. This isn't just semantics either as an exception to copyrightability can potentially get a claim thrown out on summary judgment or can even get the Office to deny registration, thus potentially barring a plaintiff from even filing a suit in the first place. Affirmative defenses, however, come much longer down the line, likely after many fees have been paid. There's a reason why most Fair Use landmark cases involve large corporations as they are the ones who have enough money to even reach the defense phase.

  • @goingvinsane7879
    @goingvinsane7879 9 лет назад

    Thank you.

  • @anthonypc1
    @anthonypc1 5 лет назад

    Hey this is great.
    I mean your video.
    not the amount of infringement I’m possibly liable for.

  • @projectjt3149
    @projectjt3149 6 лет назад

    For the Google case, for the most part, I've only used Google Books pdfs for school and it looks like that goes with a majority of people as well. If they really have an issue with the "educational purpose" of these Google Books, Google could fix that easily by making Google Books a .edu domain rather than a .com domain. At least, that's my view

  • @retryhikaru184
    @retryhikaru184 5 лет назад

    Oh wow, this was great! Thanks!

  • @barrenhorizons
    @barrenhorizons 8 лет назад

    the healing of a tattoo is about two weeks straight, the image along with it haven't healed yet when it got already exposed to audience, therefore somebody saw an unprotected art

  • @CharlieHofigan
    @CharlieHofigan 9 лет назад +6

    So we get Crash Course IP but not Crash Course Philosophy?

    • @pokoirlyase5931
      @pokoirlyase5931 8 лет назад +1

      +Phlos Fysics Phan 42 there is @school of life for that i guess :p

  • @Kirihere
    @Kirihere 7 лет назад

    *claps* this was great! It was so clear and informative

  • @nadamuchu
    @nadamuchu 7 лет назад +1

    What about RUclips Channels like "Subtitled Trailers"? I am deaf and would like to start a organization that posts captioned versions of trailers and other short form video content onto RUclips to make these videos accessible to Deaf audiences (this is a serious problem by the way, despite the laws in place). To me, this appears to be in alignment with providing braille versions of books. What do you think?

  • @TarampaStudios
    @TarampaStudios 7 лет назад

    This is helpful, insightful and entertaining - a rare combination for legal issues! Thank you. (I was looking for templates of wording the "Fair Use Credit" at the end of an educational animation.)

  • @jazzbeau507
    @jazzbeau507 4 года назад

    Really interesting, thank you.

  • @GlowyGlowStaff
    @GlowyGlowStaff 8 лет назад

    Behind the column... 6:32 I saw what you did there!

  • @mikeoxsbigg1
    @mikeoxsbigg1 9 лет назад +3

    What was the thing behind the podium at 3:18? Did it flip me off? I want answers.

    • @josephfox9221
      @josephfox9221 9 лет назад +3

      Mike Oxsbigg it was a mongoloid, its a reference to the movie he talks about

    • @mikeoxsbigg1
      @mikeoxsbigg1 9 лет назад +1

      Thanks!

    • @iTzArtemexFX
      @iTzArtemexFX 9 лет назад

      It happens at 5:25 too

  • @kierandeskus1984
    @kierandeskus1984 9 лет назад

    Hey crash course. I was wondering if maybe someday you can do a series on the U.S. Presidents! That would be pretty cool to see how each of them changed America. Just a thought

  • @sergheiadrian
    @sergheiadrian 9 лет назад +4

    CrashCourse What the hell is that thing appearing from time to time behind the plant or behind that stand/column (like at 6:32 for example)?

    • @kimohearn3087
      @kimohearn3087 9 лет назад +12

      It's the exception!
      Or commonly known as the Crash Course Mongol!

  • @adriel4040
    @adriel4040 6 лет назад +1

    I've got a question... Is a fan fiction not covered under fair use?
    I would it be considered an transformative work if your making up a modified plot and adding characters that didn't exist before?
    Please, I'll been wondering about this for years.