All content would face some form of suppression in order to avoid jail time. YouTube would also certainly face a new DMCA issue this time around, rather than Twitch being the only platform in trouble yet again. A threat of jail time has never been in the sphere of content creation before, and at a time when tensions are already so high on Twitch, it would further aggravate the situation. The potential bill would have a lot of bad implications for the content and gaming world. Thom Tillis' bill would make streaming copyrighted music a felony crime, which would translate to genuine jail time in cases where that applies. If you use their content to create something that could be used as a substitute for the original creation, it will fall into this category.Music copyright in the United States has always been a misdemeanor offense, which means lawsuits and fines can be issued, but there is no threat of jail time in the average case. It is not fair to interfere with the original creator’s ability to profit off of their creation. If they play 15 minutes of the movie to mock one scene, their videos may no longer qualify as fair use. ![]() Going back to the earlier Screen Junkies example, their videos only use clips of the movies highlighting their point. You are only allowed to use as much content as you need to complete your purpose. The amount of content you borrow is also a factor. On the other hand, would you have wanted Akira Kurosawa to be able to kibosh production of Star Wars? 3: Amount of Content Used If the script dialogue is different, it falls under fair use. Granted, this exemption can allow for some questionable rulings.įor example, if you wrote the classic movie Gremlins, you could not stop someone from using the same premise to make Critters. This exemption is to ensure that important ideas and information is always available to the public. That is very different than the purpose of creating the movie, which is to tell a story.įacts and ideas cannot be copyrighted. The purpose of the videos is to comment on the quality of the movies. But they are creating something completely new. If they were just posting clips of movies, that would not be fair use. The purpose of the new content must be distinct from the original content.įor example, Screen Junkies uses clips from movies to create their "Honest Trailers" series. Using content in fair use requires you to transform it into something different than the original creation. Related: How to Get Started Using Spotify Duo 1: The Purpose of the Content Four factors are used to judge whether content falls under fair use. It can become hard to determine if the content was used fairly. However, fair use does complicate things a bit. The purpose of exempting fair use is to balance the need to protect creators with the public good of building on and responding to the created content. Why is that still allowed? You can use copyrighted material under fair use. A DMCA claim requires that the server hosting the content remove or disable access to the content.ĭespite all these rules, you will see people borrow content from people all of the time. If a content creator sees their work being unlawfully used on a website hosted on an American server, they can make a DMCA claim. ![]() Once the DMCA was enacted, it gave individuals and companies a way to protect their content. Related: 7 Underground Torrent Sites for Getting Uncensored Content If you are old enough to remember things such as Napster or Limewire, you know just how easy it was! This made media industries concerned that there were not enough laws to protect their industry from piracy. By the late 90s, new technologies, such as the internet and CD burners, made it easier than ever to pirate content. So, even if you are Canadian, any content you upload to YouTube is governed by US law, not Canadian law. For example, YouTube's servers are located in the US. This is because although websites can be accessed globally, they are bound to the law of the country where their servers are located. Despite that it is an American law, the DMCA has wide-reaching effects.
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