Edit - Law Stack Exchange

You are not logged in. Your edit will be placed in a queue until it is peer reviewed.

We welcome edits that make the post easier to understand and more valuable for readers. Because community members review edits, please try to make the post substantially better than how you found it, for example, by fixing grammar or adding additional resources and hyperlinks.

Rev

2

This isn't as inflexible as you're making it sound. Satire has been ruled fair use, some of the time, e.g. Blanch v. Koons. And "comment" covers a pretty broad range, it's totally possible that someone in the video said "oh, xyz reminds me of that song (humming)". Especially since "humming a bar in a YouTube video" is generally going to pass 4 by a large margin, and 3 unless it's a very short song.
– user3067860
Commented Oct 26, 2020 at 20:48
1

@user3067860 it’s very flexible - it just isn’t as broad as most people think. Fair dealing is very inflexible but that gives it the advantage of being (more) definite. Fair use can capture some things fair dealing wouldn’t but it can also exclude some things that would be fair dealing. While fair use is no longer an affirmative defence (in the 9th circuit at least) its still a tricky defence to win against a determined and well-resourced author.
– Dale M ♦
Commented Oct 26, 2020 at 22:00
@user3067860 Where does Blanch v. Koons say that?
– Acccumulation
Commented Oct 26, 2020 at 23:17
1

The phrase "for purposes such as..." is not meant to be exhaustive, as implied by "such as". The closer one's actions are to the things on the list, the more effectively one will be able to satisfy #1, but I think a key aspect is the extent to which other works would be substitutable. If one were doing a video about a singer, including a 4-second clip of a famous song would help viewers associate the singer with songs they'd heard, even if they hadn't previously associate the singer's name with those songs. Playing some royalty-free song which is kinda sorta in the same genre would...
– supercat
Commented Oct 27, 2020 at 17:04
1

I'm a bit confused by the assertion that humming a tune is 'clearly' a derivative work. Derivative of what? Isn't it just a performance of the work? I suppose it depends on what you consider "the work" and whose copyright is being gored. Is humming "White Christmas" derivative of Bing Crosby's release? Or is it just a performance of an Irving Berlin tune? If the latter, how is it derivative?
– Jim Mack
Commented Oct 27, 2020 at 20:11

| Show 4 more comments

Correct minor typos or mistakes
Clarify meaning without changing it
Add related resources or links
Always respect the author’s intent
Don’t use edits to reply to the author

create code fences with backticks ` or tildes ~
```
like so
```
add language identifier to highlight code
```python
def function(foo):
print(foo)
```
put returns between paragraphs
for linebreak add 2 spaces at end
_italic_ or **bold**
quote by placing > at start of line
to make links (use https whenever possible)
<https://example.com>
[example](https://example.com)
<a href="https://example.com">example</a>

formatting help »
answering help »