Thursday, October 3, 2013

EXTREMELY POPULAR YOUTUBE BLOGGER FACING COPYRIGHT INFRINGEMENT OVER PARODY MUSIC VIDEO

EXTREMELY POPULAR YOUTUBE BLOGGER FACING COPYRIGHT INFRINGEMENT OVER PARODY MUSIC VIDEO

Blogger Jessie Spencer Becomes The First Youtuber Ever To Be Sued Over Copyright Infringement. 
 Creating a new work based on someone else’s prior work (called a “derivative work”) is another example of an infringement that copyright law protects against. Many songwriters have been sued for “sampling” other writers’ music (incorporating parts of other writers’ songs into their works). Contrary to a widely circulated rule of thumb, even using as few as four notes from another song can be an infringement.
YouTube does not make determinations of fair use. Fair use is determined in a court of law on a case by case basis.
2 weeks ago I posted a parody song called "I Am A Dog" and I received a DMCA Takedown notice and my Youtube Channel was terminated and the video was taken down. The video featured SNL cast member Jay Pharoah, a grown ass man in his late 30's rolling around on the floor in a dog costume doing his own rendition of Kanye West's "I Am A God." This COVER VERSION of KANYE WEST'S SONG "I AM GOD" has gotten over a million views but YouTube has discouraged other people from doing cover songs. 

Links to both videos:

Jay Pharoah: I Am A Dog (Kanye West "I Am A God" Parody) http://www.youtube.com/watch?v=HViabkXwYjw

Kanye West - I Am God  http://www.youtube.com/watch?v=72FlGLb-xaI

A group of out of work TV screenwriters non-talented hacks who call themselves the Above Average Network: http://bit.ly/LlHUTM posted the video the  on their YouTube Channel sent me this copyright notice Copyright Counter-Notification http://www.youtube.com/copyright_counter?v=sZGzlGyPnpA clearly stating they want to sue me for posting this dumb video on YouTube Channel because I was getting a bunch of hits on my channel and threatening their livelihood. 

Video monetization criteria

Examples of content that would NOT be eligible for monetization.

You sing a cover of your favorite song without express permission from the artist.

Right now I'm going to  pretend Above Average's parody video/cover song is  registered with the Copyright Office and let's pretend that I'm a 17-year-old teen who knows nothing about music copyright law even though I've already

released two rap compilation albums and say this:

IF THE ABOVE AVERAGE NETWORK [A GROUP OF HACK TV WRITERS]

FEELS THAT I HAVE INFRINGED ON THEIR "COPYRIGHT" THEN MAYBE

WE SHOULD GO TO COURT & JUST SEE HOW THIS WHOLE THING

PLAYS OUT.

CONTACT ME: jessie_spencer@outlook.com 

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