Is this video fair use? Why or why not?
If it is, what principles of the Code of Best Practices for Fair Use in Online Videos does the video employ? Does the video adhere to the limitations of the principle(s)? Make a strong argument that it is fair use by citing the Code (principles and limitations) specifically. Explain how the video meets the standards of the Code.
If the video is not fair use, explain why. How does it violate the standards of the Code? How might the video be made fair (or moved into safe harbor)? What changes might be made to make it fair use?
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ReplyDeleteBefore I read the rules, I thought this was going to be breaking copyright, but in fair practice rule number one about making comments or critiques, it covers fan tribute videos. This video composed of a song by Britney Spears, clips from her videos, and other footage of her compiled just to show off Spears and somewhat illustrate the song.
ReplyDeleteSince this is a fan tribute that does not "become a market substitute for the work" I see it as fair use. It may not be interesting or creative, but it is fair use.
@Taylor I totally agree with you on this, when you say " Since this is a fan tribute that does not "become a market substitute for the work" I see it as fair use. It may not be interesting or creative, but it is fair use." that is a great point to make.
ReplyDeleteThis follows the fair practice rule number one. This video is sort of a critique and sort of making fun of Briney Spears, but it changes the true meaning of the song that Britney Spears originally made. Clips and footage are taken from Britney's life (media press, magazines, songs...etc) but it has not, as Taylor stated, "a market substitute for the work". It is not a substitute for the ORIGINAL work... it is not unfair use.
ReplyDelete@Kat
ReplyDeleteCan you explain in more detail how the meaning of the song has changed? What was the original meaning of the song and what is the new meaning created by this video?
I think that this is fair use, like other people said, according to practice one, it says that you are allowed to critique or ridicule or even make a fan tribute. Which that is what they have done.
ReplyDelete@Katarina
ReplyDeleteI think that they are just putting her lyrics into pictures, I don't think that the creators are necessarily making fun of her. They probably wouldn't have called it a fan-made video if they were.
The video does display fair use. This video completely abides by the principles and limitation of the Commenting on or Critiquing of Copyrighted Material. It uses well known footage from a celebrity to highlight feeling the user has about this particular artist. The avoids being over persuasive by adding a song from the artist to make a point.
ReplyDeleteI agree with hayley, this video displays any user's freedom to ridicule and or highlight aspects as a way of critiquing.
ReplyDeleteVery well explained Taylor. This video's use of actual footage of the person being critiqued totally abides by the Code of Best Practices.
ReplyDelete@ Erika
ReplyDeleteI liked the way you explained the video as something to "highlight the feeling the user has about this particular artist." It is simply that and nothing more, which is exactly what keeps is in fair use. It cannot compete with the original works that it takes from.
Video makers often take as their raw material an example of popular culture, which they comment on in some way. This is the first line in the Practice one. This is the best way to show that this video is fare use. I feel like they order they put the video clips to fit with what she is saying is the point that the creator is trying to say. The song is all about what it would be like to be her and the creator just takes a bunch of clips of her life. The person is trying to show what its like to be her and uses her own song to prove their point.
ReplyDeleteI change my statement on this video... After i looked up the original lyrics to Britney Spears' song "Piece of me" I realized they were the same exact words that are used in this "new" film. This changes what I thought before.. The makers of this new film copied the same lyrics, but put their own pictures up trying to make it their own. It is not original nor does it follow the fair use practices. It is copying the same exact thing that was made by Britney Spears herself. The creators of this video are not just critiquing or ridiculing her video they are copying it. The ONLY change from the original song is that the pictures are different.
ReplyDelete@taylor I agree with what you are saying and it makes sense to what i was saying about how the person was giving their own opinion on the matter in a video form.
ReplyDeleteI believe this video is fair use. Like others have said this is simply a fan tribute. It's just videos/clips from Spears, and as it says under rule number one; positive fan based video are considered fair use.
ReplyDeleteI agree with erika when she explains how this video "avoids being over persuasive by adding a song from the artist to make a point." at first I thought it was unfair use but after looking over rule number one, where it explains this I feel its fair use.
ReplyDelete@ John
ReplyDeleteSaying, "the person is trying to show what its like to be her and uses her own song to prove their point," is a good idea. I didn't think of it that way.
I believe this video is fair use because, according to Rule 1 in the Code of Best Practices in Online Videos, video makers can comment or critique by means of a fan tribute. That is exactly what this video is, a fan tribute to the Britney Spears and her career.
ReplyDeleteThis video seems to be fair use. Not only has this video been made as a fan tribute, that is protected under code one, but I beleive it also serves to act as a type of discussion about things Brittany has been in the news for and to discuss different areas about her life.
ReplyDelete@John, I agree that the video maker put this together to take a look at Brittany's life. I also think that the maker was taking a look at what it was like to be her.
ReplyDelete@Taylor, I agree when you said "Since this is a fan tribute that does not "become a market substitute for the work" I see it as fair use."
ReplyDeleteThis video is fair use because it follows rule #1. It is a way of critiquing and while it uses various music videos and media and her song, it is used in a different way. In this case the "pieces of me" are different aspects of her career that are being highlighted.
ReplyDelete-I agree with everyone that this is a fan tribute and is one of the main reasons it is fair use
ReplyDelete-I think the fan that made this video really like Britney Spears and would stick by her no matter what happens. I think that in a way they were trying to make her look tough
I see the video as fair use. It is a fan tribute as covered in principle one. I believe the creator is adding a new meaning to the footage used and interpreting the song through clips of reality and production.
ReplyDelete@ Taylor and John
ReplyDeleteI see how the the creator uses the original lyrics to promote Britney's and the creator's perspective of Britney Spears. Both want to exhibit and promote the strength of Britney Spears. Most of America thrives on gossip that should be so far removed from their daily lives and substitute it for their own reality. Britney and the creator are saying go ahead. Britney cant take it.
@ MIllicent
ReplyDeleteI agree with you idea that the creator is promoting Britney as tough and independent.
I believe the video is fair use. According to code #2, someone can use copyrighted material for illustration or example. I think the video uses the Britney's song and pics from magazines, etc., to illustrate her life. It says that as long as the illustrative copyrighted material is drawn from a range of different sources, it is fair use. This video clearly shows the use of different material and sources to illustrate something. Besides following the rules of code #2, the video also is under code #1, as everyone has already mention.
ReplyDeleteI agree with everyone that says that the video is fair use because it was created by a fan and code #1 says that it is fair use to make a fan tribute using copyrighted material.
ReplyDelete@Kat
ReplyDeleteI find it interesting that you see this video as copying her song with different images than just a video made by a fan. I think that you give a good argument. But I still believe the video was made by as a fan tribute.
I believe that the video is not fair use. While you could argue that the fan is providing positive commentary by showing footage exemplifying what Britney Spears is singing about in order to support Spears' position, at some points the fan uses footage straight from Spears' music video for this song (Esp. the scene with Britney seeing a story about herself on the TV, and then her turning it off in disgust)--therefore, the video has now become a market substitute for Spears' original music video. Had the fan left out the footage from Spears' original music video for this same exact song, there would have been no problem. This use is neither commentary or critique; it is more so a re-edit of the original work, clearly violating Code #6, which states "If a work is merely reused without significant change of context or meaning, then its reuse goes beyond the limits of fair use".
ReplyDelete@Katarina
ReplyDeleteI agree with you. This video doesn't really critique or directly comment (via narration or other means) on the meaning of the song; it is a reproduction of the same idea and meaning of Britney Spears' song.
@Laura
ReplyDeleteThe problem is is that along with the fan's own work and additions to the video, the fan added a considerable amount of footage from Britney Spears' own original music video for this song, making this basically a re-edit, and without enough critique or commentary (it's a pure reproduction of the same ideas and meaning) to justify it by Code #1's principle.
The fan tribute clause in the first rule of the Fair Use practices protects this video. The author of the video has not changed the meaning of the song, but rather emphasized the original message with photos and clips of Britney Spears' persona through the media. The work does not act as a "substitute" for the original music video. The video acts as a form of "positive commentary" and does not violate any Copyright laws.
ReplyDelete@ Taylor
ReplyDeleteVery simple and to the point. The fan made video is definetely the first and strongest defense for Fair Use. But I do wonder at what point might this video eclipse the official music video for "Piece of Me" in online views, and become a sort of "market substitute for the original work."
@ Laura
ReplyDeleteSmart to find another defense for the video in rule # 2. There definitely seems to be a message being conveyed about Britney Spears' relationship with her fans, the paparazzi, and the main-stream media.