Re:Nestle, Disney Pull YouTube Ads, Joining Furor Over Child...
by Someone1234 on Wednesday February 20, 2019 @09:29PM
(#19214030)
It absolutely is fair use. Let's consider:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
Which is non-commercial.
- the effect of the use upon the potential market for or value of the copyrighted work.
Which is to none.
There's also a question of if a video containing a bad transfer of a piece of music along with children dancing is "transformative." See Lenz v. Universal Music Corp, where Universal Music got destroyed all the way up to SCOTUS for ignoring Fair Usage when taking down a video of a dancing baby.
Your whole argument seems to be based on some fictional contractual agreement between the dance studio and the music's owners. That isn't relevant to the discussion at all, a parent recorded and distributed, not the dance studio themselves for commercial purposes.
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
Which is non-commercial.
- the effect of the use upon the potential market for or value of the copyrighted work.
Which is to none.
There's also a question of if a video containing a bad transfer of a piece of music along with children dancing is "transformative." See Lenz v. Universal Music Corp, where Universal Music got destroyed all the way up to SCOTUS for ignoring Fair Usage when taking down a video of a dancing baby.
Your whole argument seems to be based on some fictional contractual agreement between the dance studio and the music's owners. That isn't relevant to the discussion at all, a parent recorded and distributed, not the dance studio themselves for commercial purposes.