Like using music from a video game/film in a video that isn’t published on the internet, or using it as a ringtone in phones, or using voice lines from a video game as notification sounds. (There are a lot of other uses that I won’t mention here)

  • FiniteBanjo@feddit.onlineEnglish
    11·
    8 hours ago

    FALSE, THIS USER ABOVE IS LYING.

    ALL TYPES OF NONCOMMERCIAL USE CAN ALSO BE FAIR USE. (Until the judge says otherwise and it doesn’t get overruled).

    • Aatube@piefed.socialEnglish
      1·
      8 hours ago

      https://www.copyright.gov/fair-use/#%3A~%3Atext=Courts+look+at+how+the+party+claiming+fair+use+is+using+the+copyrighted+work%2C+and+are+more+likely+to+find+that+nonprofit+educational+and+noncommercial+uses+are+fair :

      This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair;

      Edit:

      Until the judge says otherwise

      Well, yeah, according to the criteria I’ve detailed with sources above.

      • FiniteBanjo@feddit.onlineEnglish
        1·
        8 hours ago

        Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below.

        On its own, a noncommercial use is fair use, unless other factors get in the way of that. I will ammend my previous comment to be less absolute.

        • Aatube@piefed.socialEnglish
          11·
          8 hours ago

          Your phrasing sounds like fair use is the default case for non-commercial when really it just makes it “more likely” legal. The most obvious example is Hachette v. Internet Archive. US copyright is so pro-business that you never know until the gavel is down.

          • FiniteBanjo@feddit.onlineEnglish
            1·
            8 hours ago

            Well obviously printing copies for free is illegal, thats just how antipiracy laws work, but the courts clearly stated even in that link that if IA had made sure the print to copy ratio was 1:1 or that notable changes to make it considerably transformative then it would have been fair use.

            • Aatube@piefed.socialEnglish
              1·
              7 hours ago

              Then your criteria isn’t "noncommercial but “noncommercial and transformative” (“the first factor, the purpose and character of the use, disfavored fair use because although the use was noncommercial, it was also not transformative”), which OP’s examples aren’t. Using film music for your videos isn’t transformative. Law doesn’t have a “I didn’t distribute my video” exception either unless that’s how the music was licensed to you.

              • FiniteBanjo@feddit.onlineEnglish
                1·
                6 hours ago

                Fair Use at its core requires you are creating something and not making copies. Its an integral part of the conversation. Therefor it is heavily implied.

                • Aatube@piefed.socialEnglish
                  1·
                  5 hours ago

                  Thus it doesn’t apply to OP’s examples, that is my point.

                  (FWIW you can make a copy of a copyrighted image to extensively critique it as long as the copy is not unreasonably detailed.)