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1. Book Review: "Reclaiming Fair Use" by Patricia Aufderheide and Peter Jaszi (Other/Articles)

... the market for the original, judges have more recently recognized “transformativeness” as the key element of fair use analysis. If copyrighted content is put to a new use that adds new meaning, message, ...

2. New Copyright Rules Allow DRM Circumvention for Remix Videos (Other/Articles)

... to create new, transformative works for purposes of commentary or criticism.   While most news sites and blogs will no doubt focus on the ability to jailbreak iPhones and iPads (which really won’t ...

3. What types of uses does the fair use doctrine protect? (FAQs/FAQ Articles)

... more transformative the use, the more likely it is to be fair, whereas if defendant merely reproduces plaintiff's work without putting it to a transformative use, the less likely this use will be held ...

4. Disputing Copyright Notifications (Guides/Guide to YouTube Removals (Updated Nov 2012))

... on my anime music videos, I usually say something like, "This video is fair use under U.S. copyright law because it is noncommercial and transformative in nature, uses no more of the original than necessary, ...

5. Deciding if Video is Fair Use (Guides/Guide to YouTube Removals (Updated Nov 2012))

...  This and factor four are probably the most important parts of the fair use test. The key to this prong of the test is whether the use is (1) commercial or non-commercial, and (2) transformative rather ...

6. My Experiences with the DMCA on YouTube (Other/Articles)

... is fair use because it is (1) highly transformative, significantly altering both the content and message of the original; (2) noncommercial in nature; and (3) only uses a small fraction of the original. ...

7. Are Anime Music Videos Fair Use? (Other/Articles)

... the beat and lyrics of the song that emphasize different aspects of the original plot. Because this heavy re-editing is so obviously transformative, there is a very strong case to be made that ...

8. It Pays to Know your Rights under Copyright Law (Other/Articles)

... claim, citing the following reasons for why my video constituted fair use under US copyright law. It was (1) non-commerical and not for profit, (2) transformative in nature (combining music and video), ...

9. Deciding if Video is Fair Use (Comments)

... just kind of there for background, that is probably not fair use since it's not really a transformative use. In that kind of instance, I recommend using creative commons licensed music which you can find ...

10. Deciding if Video is Fair Use (Comments)

... be transformative enough to qualify as fair use. ...

11. Deciding if Video is Fair Use (Comments)

... the excerpted material. Such recontextualization can be transformative, making the quotation a fair use in some circumstances. PRINCIPLE: Fair use can apply to the quotation of earlier journalism. LIMITATIONS: ...

12. Deciding if Video is Fair Use (Comments)

... or parody elements as well which would be considered transformative. I think you're probably fine with that. Lee - That would likely be fair use as long as you use just a short section of the music. Sounds ...

13. Deciding if Video is Fair Use (Comments)

... about prison with some commentary dispersed, but not always. I feel gif-making is transformative in and of itself, but I don't know if I could necessarily prove that. In the "About" section, I included ...

14. Deciding if Video is Fair Use (Comments)

THANK YOU SO MUCH PATRICK!!!!

15. Deciding if Video is Fair Use (Comments)

Thu - Yes something like that is probably transformative enough to qualify as fair use. You'd probably be fine disputing. ...

16. Deciding if Video is Fair Use (Comments)

... Just using it as a generic background track probably wouldn't be transformative enough, though if it's noncommercial that can help. It's really hard to say. ...

17. Deciding if Video is Fair Use (Comments)

That's probably transformative enough to count as fair use, though if you're making money from it it might not be. ...

18. Deciding if Video is Fair Use (Comments)

No I do not think posting an entire audiobook, whether in one part or broken up into multiple parts, would be fair use. You are not doing anything transformative with it (giving it new meaning or context) ...

19. Deciding if Video is Fair Use (Comments)

David, a lot of people do that, and I think in most circumstances that would qualify as fair use. Putting videos in a new context like that would probably be considered transformative, even if you don't ...

20. Deciding if Video is Fair Use (Comments)

I think that would probably be fair use since its original commentary. If the use is sufficiently transformative commercial use is still fair use. ...