Quote:
Originally Posted by chadritt
huh? The point wasnt about how many people are doing it, the point is that this is NOT parody. Its taking the EXACT clip and simply throwing new text under it, im fairly certain thats copyright infringement.
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Here's the thing - one of the tests as to whether "fair use" is in play is how much of the copyrighted work has been copied. A three minute clip out of a two hour movie is probably not going to fail that test.
Particularly if the alleged infringers don't have a commercial motive in the creation of those parody clips.
Where the studio would have recourse might be against YouTube or other hosts who profit from advertising sold/viewed alongside the clip, but the clips themselves do not, IMO, cross the line from "fair use" to "infringement."
I mean, again. I'm not a lawyer. I dunno if the guys behind this site are licensed to practice, either, but here's what I found through a fairly quick Google search:
http://www.publaw.com/parody.html
I don't see anything in there that contradicts what I've said.
Greyroofoo - I probably misunderstood what you were suggesting, though "exact clip" has fuck-all to do with it. We're still talking about fair-use protections whether I misunderstood the thrust of your argument or not. If the creators of those clips meet the guidelines for fair use protection as works of parody, there is no infringement.