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		<title>Are Anime Music Videos Fair Use?</title>
		<description>Discuss Are Anime Music Videos Fair Use?</description>
		<link>http://fairusetube.org/articles/amv-fair-use</link>
		<lastBuildDate>Sat, 06 Jun 2026 20:59:43 --500</lastBuildDate>
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			<title>Patrick McKay says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-355</link>
			<description><![CDATA[Paula, As best I can tell, it's really pretty arbitrary which songs music labels let you use and which they block or takedown. There's no real reason to it. And if it was me, if you already have to strikes, I would want to send counter-notices for those videos now so a third doesn't kill your channel. You can still send counter-notices after your channel is suspended, but it's a lot harder because you don't have access to your video manager, so you have to use a form to find out the URLS for the removed videos then send counter-notices by email instead.]]></description>
			<dc:creator>Patrick McKay</dc:creator>
			<pubDate>Wed, 20 Feb 2013 17:01:16 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-355</guid>
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			<title>Paula Wertheim says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-350</link>
			<description><![CDATA[Hi Patrick, What a wonderful website you have! Thanks for all the important information. We have an audio post-process for which we created a series of original AMVs (16 of them!)and clearly call them demos on You Tube and Vimeo. For the last six months or so, Vimeo has been pretty good (except on two occasions when certain videos just quietly "vanished" without a trace), but You Tube has been a real circus. We're used to filing counter-proposals and it really seems pretty arbitrary which videos get taken down and which don't. For example, Warner has just taken down 3 of our videos at one go, while leaving 2 of our Luis Miguel videos completely intact andenabled for monetization!!! Not that we're complaining or anything :lol: ...I just would like to understand the "rhyme and reason" behind monetizing some videos and taking down others of the same type on the same site. Btw, we currently have 2 strikes since the last hit one month ago. What recourse would we have if we woke up one day and found the entire site gone after strike #3? :sad: Many thanks, Paula Wertheim, HDAudioPlus http://vimeo.com/channels/nobodydoesitbetter http://www.youtube.com/user/hotchilipeppers73]]></description>
			<dc:creator>Paula Wertheim</dc:creator>
			<pubDate>Tue, 19 Feb 2013 16:31:13 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-350</guid>
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			<title>Patrick McKay says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-314</link>
			<description><![CDATA[Quite true. There is considerable ambiguity and disagreement on this point. I completely agree it is certainly not clear cut whether AMVs would truly be ruled fair use. You're right Lessig said that, though Lessig's views on fair use have changed somewhat over the years. He used to think fair use had little practical value for amateur creators and was nothing more than just "the right to hire a lawyer." More recently he and other scholars have taken a more optimistic view of fair use and and particularly the ability of creators to proactively shape fair use law by adopting common practices and standards of best practice. What the courts ultimately consider fair use is influenced by cultural practices. So in the case of AMVs, if the AMV community adopts a stance that AMVs should be considered fair use and acts accordingly, sending DMCA counter-notices and such, the courts may be more likely to consider them fair use if such a case ever went to trial. And at least to send a DMCA counter-notice, all you need is a "good faith belief" that your use is fair use. I wrote this article to show how there is at least a decent argument that can be made for why AMVs are fair use both in regard to the video and the music so people can file counter-notices in good faith. That's not to say it's cut and try, and I completely agree I hope we don't have a YouTube Joel Tenebaum (or if we do I at least hope I could either be that person or represent him so I can make these arguments for fair use). I also agree the easiest way to deal with this problem would be to create an iTunes like, low-cost, one stop shop for licensing major label music for YouTube videos so you could have the certainty your use is legal. Unfortunately the major music labels have thus far been unwilling to provide such a solution.]]></description>
			<dc:creator>Patrick McKay</dc:creator>
			<pubDate>Thu, 10 Jan 2013 11:55:21 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-314</guid>
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			<title>longzijun says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-313</link>
			<description><![CDATA[I did check out one of the interesting sources you mention at the end of the article(the Stanford U professor Lawrence Lessig). Discussing the remix culture in general and referring specifically to AMVs, he writes: "Yet the law of intellectual property will not easily accommodate this remix creativity. As the rules are written today, even for purely noncommercial purposes, there is no clear right on the side of the remixers. The lawyer for Wind Up Records could speak politely, because the law today speaks firmly: there is no freedom for this sort of creativity." (http://www.ft.com/cms/s/2/d55dfe52-77d2-11da-9670-0000779e2340.html#axzz2HZ3kDMrR) He seems to disagree that AMVs would be protected by the Fair Use argument. The reason I'm nitpicking here is that it is possible that some unfortunate AMV creator will come to the page and say "Cool, I am in the clear!" without bothering to read your disclaimer, and then end up becoming the YouTube version of Joel Tenebaum. I think we agree on one thing, however--there definitely needs to be a new system of copyright and licensing to meet the news ways media are being used. Why not create an automatic low-cost licensing system for uses such as AMVs, cover version videos, mashups, student films etc.?]]></description>
			<dc:creator>longzijun</dc:creator>
			<pubDate>Thu, 10 Jan 2013 05:12:43 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-313</guid>
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			<title>Patrick McKay says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-310</link>
			<description><![CDATA[That's certainly debatable and it would really just depend on how the court rules. Personally I would argue that the use of the music is qualitatively transformative even if it is not quantitatively transformative. Even if you don't actually edit the song, syncronizing it with the video adds a "new meaning or message" to it which courts have held is transformative use. The way most people make AMVs, the music provides commentary of the video source material and the video footage illustrates and comments on the song. The combination of the two into a unique and creative artistic work in its own right should be considered transformative. I don't know if that would necessarily hold up in court, but it's the basis I use to file counter-notices on my own AMVs when the music is blocked. The fact that it's the whole song doesn't necessarily count against it either, since there have been cases where the use of an entire copyrighted work was held to be fair use if put to a transformative purpose. The complete lack of a licensing market for ordinary individuals and the fact that the music labels couldn't prove any actual harm to the market for the song (and the AMV maker could likely prove positive effects from greater promotion) also weight in favor of it being fair use.]]></description>
			<dc:creator>Patrick McKay</dc:creator>
			<pubDate>Mon, 07 Jan 2013 20:32:30 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-310</guid>
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			<title>longzijun says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-309</link>
			<description><![CDATA[Great website, especially the parts on copyfraud. However, I would argue that AMVs would fail to meet all four fair use criteria, especially with regard to the music 1. The music is not really being transformed 2. The music is a creative work 3. The whole song is used 4. By publishing the entire song on YouTube, you are distributing it to a potential audience of millions. You are correct in pointing out that it is not feasible for amateur video makers to get sychronization and master use licenses, but that does not mean that copyrighted music can be distributed freely. If an AMV uploader tried to use a fair use defense in court against a music copyright holder, it would most probably not hold up. I think it is fine to 'claim' fair use up until a certain stage, but I wouldn't depend on it to withstand a lawsuit.]]></description>
			<dc:creator>longzijun</dc:creator>
			<pubDate>Mon, 07 Jan 2013 20:23:44 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-309</guid>
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			<title>CrystalStars says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-81</link>
			<description><![CDATA[Hello, this is the person you spoke to on Youtube about...oh, between two and three weeks ago, the one who lost his account to a Final Fantasy and BB video? Well, thanks to your comments (I didn't even know about the DMCA Counter-Notification) I now have that account back. Thanks a lot.]]></description>
			<dc:creator>CrystalStars</dc:creator>
			<pubDate>Thu, 24 May 2012 03:10:25 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-81</guid>
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			<title>Patrick McKay says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-77</link>
			<description><![CDATA[@Ananda - See the tutorial I have posted at http://fairusetube.org/guide-to-youtube-removals for detailed instructions how to dispute a copyright claim against your video on YouTube.]]></description>
			<dc:creator>Patrick McKay</dc:creator>
			<pubDate>Sat, 19 May 2012 02:35:54 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-77</guid>
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			<title>Ananda says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-74</link>
			<description><![CDATA[Hi, very informative article! I made AMV's a few years ago and am starting to get back into it with my beloved. I always write in the info "I do not own the music or video, this AMV is posted purely for entertainment." A recent video we posted was flagged and removed, and I am curious if you have any advice on how to approach fighting back against this. Thanks!]]></description>
			<dc:creator>Ananda</dc:creator>
			<pubDate>Wed, 16 May 2012 20:42:29 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-74</guid>
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			<title>Joshua Lynes says:</title>
			<link>http://fairusetube.org/articles/amv-fair-use#comment-33</link>
			<description><![CDATA[THANK YOU!!! Finally a solid defense for AMVs. I agree with Evan, you should send this to YouTube. At the very least, it would make them think twice about removing someones video.]]></description>
			<dc:creator>Joshua Lynes</dc:creator>
			<pubDate>Sat, 31 Dec 2011 22:40:04 --500</pubDate>
			<guid>http://fairusetube.org/articles/amv-fair-use#comment-33</guid>
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