by Timothy Lee
Fri, Nov 2nd 2007 4:48pm
On Thursday, Mike noted EFF's Fair Use Principles for User Generated Video Content. I wanted to highlight the "test suite" of fair-use videos they released in concert with those principles. It's a a gallery of videos that EFF thinks constitute fair use of copyrighted works. It includes a number of golden oldies that made the rounds in recent years, including "Ten Things I Hate About Commandments", a video featuring that ridiculous Nixon Peabody song, and a video about fair use constructed by splicing together short Disney Cartoon clips. It's worth noting that the law is far from settled in this area, so it's far from certain that the courts would find all of these videos to be fair use under copyright law. But in a sense, that's the point: deciding what constitutes fair use requires the exercise of human judgment. The four factors determining fair use include subjective factors like "the effect of the use upon the potential market" and "the purpose and character of the use" that simply can't be determined by an automated algorithm.
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