Authoring and giving permissions are the rights of the owner of the copyright to the people who want to reproduce for their purposes. “One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords” (Copyright) and “One of the more important limitations is the doctrine of “fair use.”” (Fair use). The fair use was contained in section 107 through section 118 of U.S copyright law. From section 107, there are many various purposes for reproducing work may be considered fair. Also, there are four main principles to be considered in determining that it violates to the copyright law or not. They are characteristics with purposes, the nature, the quantity with substantiality and the potential value of the reproducing work.
For the “Star War Fan Film”, I think it violated to the U.S copyright law because it used the original video from the movie to make commercial video by modifying in the end. “The effect of the use upon the potential market for, or value of, the copyrighted work” and “The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes “(Fair use). For the “Star Wars Saga”, in my opinion, it violated to the U.S copyright law as well as the “Star War Fan Film” did. The video maker still used the original video from the movie but this time, the video owner modified the video by combining multiple scenes of “Star Wars”. “The amount and substantiality of the portion used in relation to the copyrighted work as a whole” (Fair Use).
While only a federal court can deem whether a piece of work is considered “fair use” or not, under general guidelines the Youtube film “Star Wars Fan Film: The Essence of the Force” is undoubtedly a case of fair use. The video has merely taken the idea of Star Wars, implemented his own scenes and transformed it into a parody advertising the soda Mountain Dew. Even the words that scrolled in the beginning of the film that resembled those in the beginning of Star Wars movies were different. In my opinion, this is obviously transformative and could probably be considered a parody as well. The second video named “Star Wars Saga (The Best Trance Remix Montage)” is also transformative and under fair use because it’s clearly a compilation, paired with music to polish the remix. One argument that might be made against the video is that it isn’t considered to be a “limited amount” used for transformative purposes. I would argue this with the fact that the video is only slightly over 7 minutes long and there are plenty of examples that use the same idea. The video we watched in class about copyright using the Disney characters were a compilation of audio and video clips from Disney movies was used irony to simultaneously teach and show fair use, which is similar to what was done in the second video.
@MyDtcAccount – Jonathan Crabtree
An incredibly popular new media object that has exploded since the early 2000s is YouTube. The numerial representation is exemplified in the fact that each video is made using a computer. The continuous data, such as the individual photos that in turn create the video, is turned into discrete data (code) that the computer can read and show to the user as a fluid video (Manovich 27). On a somewhat related note, modularity is also key when talking about new media. An example for YouTube is that, while the videos themselves are what the user watches, they are made up of many independent files that act together to create a new, larger, more entertaining piece (29). Luckily for each viewer, the process is automated, meaning that the person watching the video does not have to piece all those files together himself. Using carefully constructed algorithms, the computer is able to play each still picture in rapid succession automatically in order for the user to percieve a video (30). If an account is created, YouTube is never the same after every video played. It learns the account owner’s preferences and will pull up different suggested videos based on what the user has previously watched. This variability creates a different experience for every single user (32). The final characteristic that a new media object must comply with is transcoding. YouTube has an exhaustive list of categories that each video falls under, and which kind the user chooses depends on mood, goals, or time of day. However, to the computer, they are all the same. Simply numbers telling when and where each colored pixel should be displayed.