This Youtuber Was Legally Right, But Ethically not so much.
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- Опубликовано: 27 янв 2019
- The article - www.nolo.com/legal-encycloped...
My artist - www.deviantart.com/looji
Images courtesy of Freepik.com
Melissa - Eveningland 
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Also since Pokimane put a comment on her video addressing the hypocrisy and I only just noticed it, I'll address it here.
It's worth noting that under this definition of transformative, alot of reaction videos probably wouldn't fall under fair use just because they have some level of commentary anyway. They would have to add something of significant value.
She could really do with showing some examples though since there's only really evidence against her right now and that evidence has been pretty egregious
Alot of Reaction is one of the seven Alot gods that the Alot species worships, typically during festivals dedicated to grammar policing and pedantics. All of the Alots pretend to be surprised when someone spells "a lot" as "alot", and proceed to dance in a circle sniffing their own farts for being so clever.
It is customary that the target of their faked surprise does not see the fart-sniffing, as it is taboo in Alot culture to take oneself too seriously for petty offences.
Good luck in your PR ventures in the future
I'll call you to be my PR guy if I ever decide to go down that route
What do think of the argument that she is blameless for taking down vids that contain negative content regarding her since the majority are done so by her MCN? Considering a creator is able to preemptively disallow claims and/or strikes as well as set parameters as to what they want done without any contact or approval to their MCN.
Can people just add speech bubbles in their videos and it be ok? Like you copyright infringement shirts?
Overtime you've gone from an anime guy to a lawyer.
^
I think I'm enjoying this arc.
Can't wait for the bath house episode.
Can't wait for him to collab with legal eagle and video game lawyer
If anyone like this sort of stuff, have a look at "Lawful Masses with Leonard French". An actual copyright attorney who's a massive nerd/geek and decided to branch out by explaining legal stuff in layman's terms for the general public. (Or Legal Eagle if you want the same but on a more surface level)
Perfect
I don’t understand. Is intellectual property the same as intelligent property?
*Y E S*
NO
ones a legal monopoly
The other acts higher then thou and says both sides are stupid
Man u stole my comment Idea
josh frost intelligent property requires more law
intelligent property does mot exist. uni used the wrong term in the piracy video. the correct ter, is intelectual peoperty
People also have to remember that just because she did something illegal (playing people's videos while she bounces off on a break in her stream) that doesn't suddenly make other people ripping her content legal. It just makes her an arsehole.
Even watching it on her stream isn't fair use. That's someone elses video.
rimmy you fucko, stop watching some poki shit and stream some hoi4, will ya?
As a Law student, I can confirm that yes, without a doubt, she has every right to take those videos down.
People have no clue as to how fair use AKA extended use of copyright law actually works.
On a similar subject, I wanted an opinion on Silvagunner. In theory, his stuff seems fine, being remixes or whatever. After going over fair use laws quickly, however it seems at least partially justifiable that the channel would be terminated.
@Nigrescence Just curious, are you/were you a law student too?
@Nigrescence Ah yes, I love if people argue as... passionately as you do.
"No. "insert insult"."
@@sumthinorother9615 It was probably terminated because he used big name music like all star, or africa and stuff like that.
Most game companies seem to be fine with remixes, covers and reuploads and nintendo only striked channels that uploaded smash ultimate before it was released, not after. And the music people are really stingy, so stingy that you better not risk referencing them like jojo.
And siivagunner doesn't monetize his videos.
While it does use the same instruments or sound-font or whatever as the game shown, it still is a remix, and should be transformative enough to be considered fair-use.
@Nigrescence, You say she does not. So what’s your proof?
That is great, you just stop mid sentence and realize you have a great track record and could sell your knowledge. Perfect
WHERE'S THE FACE REVEAL, PAL??
I STILL DON'T KNOW WHAT I'M DOING FOR IT AAARRGGG
tick tock lmao
@@Uniquenameosaurus PIRATES?! CAPSLOCK?! Sounds like a party XD
Uniquenameosaurus wear a straw hat since you're the King of the Pirates lol
SHOW US YOUR FACE. SPREAD YOUR FACE.
Cool video... who is pokimane?
Daw Yeah, I’m this boat with ya
Streamer/youtuber who claimed some videos and people started to really hate her for that. Some commentary youtubers made her seem like she is the worst and more people began to hate her, she made a half-assed apology video then more people hated on her. Imo people are exaggerating and she isn't that bad, her content is boring but she isn't a bad content creator herself.
Same
@@lucasmontiel9 pretty much summed it nicely. Random girl does shitty thing, half-assed apology, internet beats dead horse.
This thing is so overblown.
I have no idea as well.
Pokimane is my favorite anime
Isn't she all of our's?
Will you finally finish this video?
dude i see you fucking everywhere, even on stossel show videos. are you trying to get popular at this point? because you succeeded in that.
Can someone link me Justin's secrets. I need them thx
sesame street is better
Finally someone said it. It feels like a lot of creators just use the word "transformative" as chaff to escape legal responsibility.
Well, I mean realistically, literally NO ONE on the ENTIRE PLANET Can Claim that a copyright has been Infringed or Not. They make the Claim that it 'Could Be', in a Lawsuit, and then a Judge decides. And ONLY that Judge gets to Decide and Say if it is or is not. No one else can make that claim, no one else can say it. Legally speaking, even RUclips is breaking the law by implimenting a system to take down Videos without a Lawsuit actually filed, cause it means RUclips is stating the video is infact copyright infringement, when they don't have the legal power to say that, nor to take a legal action as they are not a judge.
Mah boy needs to change his category from "entertainment" to "education"
I respect the fact that you can be legally in the right and still be a complete sack of human garbage.
Pokimane is like a shady lawyer that way.
50 Years ago, you could beat women for not adding a beer with that sandwich she made for you. It was perfectly LEGAL.
Just cause it's the Law, does not mean it's RIGHT. Especially Morally.
5:10
Is there some unspoken rule that all commentary videos have to use this game at one point?
There's an old version of the script that had a leafy gag in it, but I killed it after seeing everyone else make the same joke XD
Uniquenameosaurus yuck
@Noblesse Obligee If you mean what I think you mean: The game is CS:GO and the clips are from a non official gamemode called surf. I think its a good game.
@Noblesse Obligee how do you not know what cs go is
@Noblesse Obligee i don't like fps ether but if you are on steam it's kinda hard not to miss
Uniquenameosaurus *DISCUSSES* the history behind drama and *ANALYZES* issues with the current situation with fair use
Using
*FACTS* and *LOGIC*
@@REDandBLUEandORANGE get owned dramatic tards
Well, Ok...that was epic.
Does this mean his wife is also a doctor?
This *TOTALLY* won't be a ripoff video with a *CLICKBAIT* title. SEE THE REACTION
10:14. ok, your head getting perfectly replaced by Terminator Luffy is the slickest editing trick i've ever seen.
Who's that Pokimane? it's controversy!
lmao underrated
Can we please talk about the cute-ass giggle at 10:00 ??
I'm dead it is so fucking adorable, dude.
god damn it not this again XD
Pokimane's "apology" video wasnt an apology video, it was a *RESPONSE* video. She never actually apologizes for anything, just explains why she does it, because she is admittedly not sorry about it (at least at the time of the recording). I don't know why everyone is bitching about a "bad apology" from a video that didn't even say anything about an apology.
Nah she specifically says sorry for taking down the clips check 2:25 of her video. "I totally apologise for that"
I think when people say "she didn't apologise" what they mean is that it didn't feel sincere them. That's why there's a pretty big discrepancy in people who think the video is good and who think its bad. Whether they believe her or not is based on what they already think of her, rather than convincing context clues within the video
She apologized for it in the sense that she knew it was a mistake and caused unessisary drama, not because she was remorseful. You're still right I slightly exaggerated when I said there was no apology, but the apology had nothing to with all of the copy right stuff that the video is about, it was more of a "sorry, next time I'll know better than to try and suppress a guy like keemstar". It was still a response video, even the title says "my response to ____" as opposed to "I want to apologize for ____".
People say it was a weak and insincere apology, but she never tried to make it seem like it was, it was like apologizing for spilling a glass of water on someone's house and using a paper towel instead of a rag to clean up your mess and saying "sorry I wasted some of your paper towels".
I still agree with the premise of your video but I think people are putting way too much weight on her saying "I'm sorry" while ignoring what she actually apologized for and ignoring the fact that it isn't suppose to be an apology video. She was very transparent in saying she doesn't think she did anything wrong and she thinks people are just confused about the situation
@Shane Wright Saying you're sorry for something you've done is literally the definition of an apology, it doesn't necessarily have to do with being remorseful or empathizing with the other person.
I think if everyone knew that, or took the time to look it up in a dictionary to know the definition they have for it in their minds isn't the only one, this whole talk would be over.
Whether it's sincere apology or not isn't up to you all,it's up to the one's actually involve.
@@Sumi-e1999 Whether it's sincere or not is subjective so it's really not up to anyone since everyone can decide something different. It's the equivalent of saying that it's up to game reviewers to decide if a game is good. It's not.
Always love hearing your voice and opinions. Have a good one!
I feel like the situation with Quinton reviews is very similar to this one. Quinton copyright Strike videos that were re- uploading his content. People claiming that he was abusing the copyright system but it wasn't transformative in any measure.
Criticism and using small clips of someone counts for reference as fair-use. He was taking down all the video's that criticized him, which is why people don't like him.
@@MultiDarkZen LS mark just a robot manga Kamen drama archive Turkey Tom and many others have made videos on Quinton reviews and none of the videos were taken down. Fucking Mark made two videos on Quinton reviews. This is literally a flat-out lie. But I would be curious to know where are you getting information from and can you link me it because their misinforming you.
epic sir
@@cosmix1 thanks for attending.
Everyone keeps looking at that twitter video like it was a react video from 2017, but I only have three questions that make me puzzled about this:
1) Are tweets/conversations on a social media platform eligible for protection under copyright laws?
2) If they aren't, then why isn't anyone arguing the situation as a form of journalism? It's keeping track of a "historical event" on an open public platform where anyone can see it, and was not discretely documented within private calls, texts, etc.
3) If it IS protected by copyright laws, then wouldn't every youtuber who releases private messages, discord screenshots, skype calls, etc. between them and a third party user be subject for copyright claims? If I were to copy someone's exact tweet, am I now plagiarizing copyrighted material that originated off of twitter and can be subject for being punished?
4) If the last statement is true, then shit. I'm making a copypasta that everyone is gonna use on twitter and COPYRIGHT STRIKE EVERYONE AHAHAHAHAHAHA.
Ok but in all honesty, I just really find it weird that everyone is trying to subject the whole twitter video under the premise of copyright laws when, just like any other journalistic exposing article, documented the public event and shared it on a platform. Personally I see it as an abuse of the copyright claim system in order to suppress events media. That's just my take on the whole thing, but very curious what others think as well
People have probably pointed it out before, but I love how the face in the suggested video (You SHOULD Pirate Anime 2) lines up perfectly with your character. Nice touch (assuming it was intentional)! Binging your channel now. Great videos.
You hit the nail right on the head. The fact that she did debate that she was within her right to copyright strike the material down while still apologizing. Well it makes people come to the conclusion that you apologizing because you think it's what people want to hear not that you personally believe that you did anything wrong.
Good video as always, and you probably would make a good PR guy. Also knowing your fans I think you have the benefit of unifying them in a way that they wouldn't dislike the video just to troll you if you ever did do a 90% like challenge. Also face reveal when?
I would just like to let you know, thank you for being as transparent and informative as you are. I really appreciate it!
This was really enlightening, I'm starting a good old-fashioned animation channel so I'm more worried about music companies issuing false copyright strikes - *Gus Johnson and other channels doing comedic critique like Drew Gooden* they experience this. I guess it's just that the system does not punish false claims & puts too much power in the claimants hands and that's the risk of hitting upload... Anyway Great video 👌
I feel like this issue is a much less pressing one than that of YTers whose content is *actually* transformative, e.g. analysts, commentators, etc., yet is being copyright claimed by companies who have copyright of the content that is being analysed, commentated on, etc.
This is a pretty clear-cut issue, I think. Copyright should (to an extent) protect creators, rather than corporations, and you should have indefinite right to your countenance. But what about the actual issue of copyright being (ab)used to stifle creativity and innovation, or the precise opposite of what it's supposed to do? That seems to be a much more important issue, which has an answer which is much more opaque.
So I'm subscribed to probably too many YT channels, but I rarely turn on the notification bell for any of them. I figured I'd mention your channel is one of those few for me. Keep up the good stuff man. :)
Now, if this law depends on semantic (meaning), we need to decide which theory we are sticking to, because in structuralist linguistics something changing situation/context IS enough to change meaning, since meaning is relational and inessential.
the video being re-uploaded and used as part of a drama debate is difference in meaningful in itself for me personally,its in a veryyy different context to its original one, showing how broken the very definition of " transformative enough" is
Never really understood this concept. This helped better my understanding. Thank you. :)
I have a question too then, in case of an abridged series are they transformative or not. For eg in teamfourstar's dbz abridged even though most of the times they change the meanings of most of the scenes but there are scenes that evoke similarly meaning like gohan's transformation. Many ppl argue that the scene was just as impactful like the original one so the meaning was not changed, would that be considered transformative?
I hate how right you are about this. I'm still gonna keep doing stuff that violates this, but now I know how it works for liability reasons.
Has anyone else noticed that memeology still uses Netflix's intro?
good video. it helps clarify a part of this "controversy" that many people had trouble understanding (and even I did up until 1 month ago).
also I'm gonna be her PR manager, sorry :)
You always do a very good job of explaining tricky legal stuff in simple terms. Nice video.
I love that outro, you should definitely sell yourself as a pr guide
1:45 The Game Theorists did that a lot. Embarrassing lack of grasp of copyright law
Uniquenameosaurus, this is a great video.
Obrigado pela informação, é bom ser mais informado
Why are your videos so good? I'm always entertained by them or at the very least I find them interesting. I didn't even know pokimane existed and you kept me here for 10 minutes nonetheless
your awesome! your blunt honesty combine with your child like energy make for perfect comedy and your also teaching everyone while you do it. your by far my favorite kind of person.
As someone who's neutral in this situation, I agree with this video. (Although I like watching the videos of Twitch clips, so I'm a hypocrite.)
I feel the same way, a lot of people don't understand fair use resulting in screaming about how their content is fair use when it isn't. I saw you put this when you were responding to MotherBasement when he was using DragonballZ in his pirating video. It makes a lot of content creators look bad. Wondering if you would do a video on editing highlighting crowbcat with how he establishes a commentary through others peoples words. Great video man!
I always enjoy your content and I really enjoy the fair way you tackle content your the real hero here
I think he always wants to go for the unpopular opinion. Don't dislike it though, *usually* he has some solid points.
That's a nice thumbnail, I wonder which youtube you are referring to
I'm fine with her taking down videos. The real issue is that the only way to do that on RUclips is to give a copyright strike. If RUclips had a takedown request option and she chose not to use that, instead opting to copyright strike, then I'd have a problem.
No ideas are off the table in the name of *_SCIENCE_*
Is the drawing of Asui your own, or looji's? It only feels fair to me if it is. :3
She actually did copyright claimed a video that 100% falls under fair use because it was a commentary video, so she did something illegal and doesn't want her name thrown in the mud
So, Uniqueanameosaurus, my dude. How have the experiments been going? Is this kind of video more profitable with or without expletives? Just a curious fan.
How would you feel about a Diddy Kong Racing sequel that added characters from My Hero Academia, Little Witch Academia, Kirby, The Amazing World of Gumball, **Persona 5,** Family Guy, Sonic, Diary of a Wimpy Kid, Digimon Tamers, The Simpsons, Invader Zim, Crash Bandicoot and RWBY with Haruko from FLCL, Hat Kid, Popuko and Pipmi from Pop Team Epic, Bomberman, Doom Slayer, Beavis and Butthead also being there?
Kirby gets pushed as a second Protagonist to go along with Diddy Kong.
Imagine racing against Akko with Izuku, shooting a missile at Gumball, Gumball, Izuku, and Akko smoking pot with their friends, throwing an oil slick at Ren, Ryuji using a bat to knock opponents sideways, Ann using her whip to whip a nearby rival, Yusuke asking Momo if she’d be painted nude, Fregley putting his foot in his mouth to distract the other drivers so they can crash, Futaba showing everyone rule 34, Makoto dodging bombs that Bomberman planted on the race track, etc.
Is this a copypasta?
@Leisure No it's Cartoons: The Racing Game
You need to keep in mind that the laws regarding intellectual property, copyright, and trademarks are all slightly different. The requirement to actively protect your trademark, for example, doesn’t actually apply to IP and copyright if I’m not mistaken.
I made it a personal rule that I will click everytime I saw Poki's face. I like her face. But it is her face. She gets to decide who is and who is not allowed to profit from her face. She is not wrong in any way.
Ok so can someone tell me is Uniquenameosaurus is a RUclips commenter and reviewer who sometimes does anime stuff? Or is he a anime channel?
A single person's channel is waaay different than a compilation, well not all compilations, obviously. That compilation is about grouping different copyrightable content together to form a new atmosphere of, yes reuploaded content, but also a new atmosphere and purpose.
With what you know so far on laws surrounding copyright and intellectual property what are your thoughts on AMV's and if they are fair use?
Sorry I know its kinda off-topic
Absolutely nailed it.
Okay that's nice and informative and all, but what actually got me was 10:05 where I learned that I can just throw a blanket over my microphone and myself to create a nice, soundproof recording space. I've been fighting to eliminate my loud ass computer from audio recordings every time I've had to record and somehow just using a blanket never occurred to me. Goddammit.
just because you're correct doesn't mean you're right
I agree
Oh my god thank you. So many people will use the "iT's tRaNsfoRmative thereForE fAir usE" argument for anything, when it's a fairly specific thing already. They'll use copyrighted music in the background of their gameplay footage and still find a way to complain.
2:44 The irony is that Supreme took that concept from an artist, Barbara Kruger; I remember there was a lawsuit about it.
Most underated channel keep up the grind with content this good you will blow up as soon as people find you
Damn your video essays are honestly the best. I love you!
Thank you for doing an actually logical legal analysis of this case this is why I love your content
i don't know how people are able to to stay up to date with internet drama
yep, its also worth noting that there is legitimate reasons to file a false copyright claim and report the people doing so, but apparently youtube does not understand this and believes everyone is copyrighting work, which is simply not the case.
Yo opinion on Tarantino movies?
Love you content. For a trademark being ubiquitous it's also known as genericized. This is when a trademarked product becomes the widespread name for all products that are the same. Examples being: Aspirin, Cellophane, Dry Ice, Escalator, Heroin, Thermos, Trampoline, and even Videotape. Those and many others have lost their trademark protection in some or most countries due to becoming the standard name for said product. Sooooo, I guess make a product and hope it doesn't become the leader in it's field.
I honestly believe you could be successful as freelance youtube PR (though id still want to see your videos as you are one of if not my fave youtuber atm)
Be careful talking about a sensitive topic. You might get
*C O P Y S T R I K E D*
This the fist time I've seen you this little likes
That ne.ology 101 intro bit was so concise and thus whole video was great that i wish yiu woukd do more videos on tioics that arent just anime like this cause this was fantastic
Btw what ARE the engagements?or is it more of a concept or something?
This “controversy” has been so lame
That “The Dark Side of Pokimane” was so horrible and extremely nitpicking, I can’t why anyone liked that video.
kinda sounds like you're watching way too many videos on this "controversy"
Jimmy Turner
I mean, that’s literally the only video I’ve seen about it (other than PewNews if that even counts)
It had some true enough points
Like making a man cry in front of like 10000 people
Its one of the less serious PR problems I've seen. I was kinda on the fence at first but.
But i think that if you're a public figure and you post something online that you regret, the most mature thing you can do is to let it exist.
You did it, it's part of you now, what's most important is how you are in the present.
Did you plan to have the "not a charity" align as your head at the end of the video? cause if so then it is brilliant.
I think it's also important to note that even if the clips weren't transformative the takedown still wouldn't be illegal. Fair Use is a defensive right, it doesn't come into play until after the takedown has been issued, unfortunately. If the videos contain her content, she can issue a takedown. Then the uploader gets to argue Fair Use to try to get the video back up.
I NEED THAT SHIRT RIGHT HECKIN NOW.
Every Fucking Twitch Thicc Compilation ever: Pokemain Thicc
Me: BRO! SHE’S NOT EVEN THICC AT ALL!
😄😄😄
On the topic of selling yourself as a PR guy, I really think you're onto something about this whole Design Theory Analysis channel concept. If you ever wanted, you sold approach a university. I know that I would desperately want to take a class focused on the way you break down media.
I dont know anything about the situation, but i feel its understandable for sombody who's image is their livelihood to try to shut down anything that damages it. Its probably pointless though; you fight something like that too hard and it comes back to bite you.
*"FROGS COME PRE LUBED"*
SUMMER ?! ...oh yea, right. The accent. I get it.
So, the memeology intro is probably a joke, does that change anything
Alright, Uniquenameosaurus uploaded a video, time to go rewatch every other video of his again...
Don't do a face reveal. There are only downsides to it. Unless you're attractive af
Too late he said he would
Like eyepatch wolf. That man’s face reveal turned him into an analysis dude into a HOT analysis dude
@@jackrockstar1 yeah, there is a certain amount of bias that comes with it.
Loving the different types of videos
I'm so happy I'm subbed to you, each video is a gem lol
If we are looking at case law, and Pokimane's use of copyright law to protect her image, then we can also look to Hustler Magazine v. Falwell (1988), where it was deemed that someone has a much higher bar to succeed in suing for slander when someone is in the public and that parody as well as slander is protected under first amendment (slander protection was established in NY Times v. Sullivan 1980?
1:52 probably not the first instance but The Game Theorists made it popular.
Loved the message here and got the gist of it, but maybe lost your international audience a bit here. You've obviously got a better idea of your own stats but I was watching this thinking "who on earth are these people he's talking about?" American RUclipsr drama isn't why I subbed to this channel, but you still kept me engaged anyway so have a cookie
If its too hot for the blanket, just use the closet like matt patt.
So it's partially a case of "just because you are correct doesn't mean you are right" (Like I get it: she has the right to take it down, but it makes her look bad in the eyes of the public because it looks more like damage control, especially with the amount of content she herself reacts to, making her look even worse then). Think you did great covering this, even though I'm not in the know exactly of what was happening at the time. Copyright Law and IP seems a bit fickle at times, but like some stuff seems a bit obvious compared to other stuff. (What if you made a GoT YTP, though? I assume it's kind of transformative, though do you think the court would find it as such?)
FINALLY, someone understands that quote.
You have a very cute voice idk why it’s just endearing your cadence and the way you say certain words
depends on where you are based i guess, as youtube has offices all over. The fair dealings copyright provisions can come into effect
"The fair dealing exception in the Copyright Act allows you to use other people’s copyright protected material for the purpose of research, private study, education, satire, parody, criticism, review or news reporting, provided that what you do with the work is ‘fair’. If your purpose is criticism, review or news reporting, you must also mention the source and author of the work for it to be fair dealing."
you can use clips of her or most copy written work, so long as its for criticism, review or news reporting, ext. (i.e. most youtube commentators) and you cite your sources
I see Pokimane, I subscribe. Can't help it. Asians need solidarity. Represent.
Well said. Everyone targeting her has been really off on their arguments. I wish you'd release more videos. I like you're perception.
Ugh, slip of the thumb. I'm always so careful about that.
I really like the way you put the link to your other video at the end
The fez thing was Game Theory. Idr if they're still doing it or not, but it was a thing at one point.
Really hope that u have luck with PR works
She actually had a talk about her apology video later on with Fainted and another guy on Discord, and the talk was uploaded to Fainted and the other guy's channels.
Have you seen those ?
Because you didn't seem to bring them up.
It all comes down to the age old Jeff Goldbloom argument that whether or not you CAN do something doesnt mean you SHOULD