Re:YouTube faces creator backlash
by jedberg on Monday July 29, 2019 @12:57PM
(#20556725)
The rights holder most definitely would not have a claim to pull the whole video down. If a human looked at that and saw it was music playing at the mall that was incidental to the video, it would be a clear case of fair use.
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Re:YouTube faces creator backlash
by dijksterhuis on Monday July 29, 2019 @02:00PM
(#20557410)
Fair use is entirely dependant on the context of the content. It is never really a “clear case”.
It’s decided on a case by case basis by the courts.
Sure, but historically, no one would bother taking such a case to court because the supposed damages from a video in that kind of case are obviously non-existent.
The ability to spam these kinds of take-downs at essentially zero cost and with no ramifications for the chilling effects and false claims create an environment where it is the norm.