How did I infringe copyrights on this youtube video?
I uploaded a video of me and my little sister singing a spice girls song and myspace said that I have to remove it because I was infringing rights.
Here's the message they sent me:
"Audio or video content has been blocked or removed from your profile.
Content may be blocked/removed because we received a notice from the copyright owner claiming you were infringing its rights, because the content was recognized by MySpace's copyright filter, or because your use of the content violated MySpace's Terms and Conditions.
As a result, your upload privileges have been suspended.
To reinstate your upload privileges, you must click here to complete our Copyright Education Program.
If this content was misidentified or was removed in error, and you are the copyright owner of the content and/or have all necessary legal rights to upload the content, you may submit this Form within 10 business days to dispute the claimed infringement. The form will be forwarded to the party claiming to be the copyright owner. If you complete this form, do not delete the media file in question. (The media file will not be viewable to others but it needs to remain associated with your profile so it may be reviewed by the party claiming to be the copyright owner.) If you delete the media file, your dispute will be considered withdrawn and you will not receive a response.
MySpace terminates the accounts of repeat copyright infringers. Please be careful not to include content on your profile that you do not have permission to use so you can continue to be a part of the MySpace community.
How did I infringe the rights and how can I correct it so that I can have the video on here for my friends and family to see?
- 1 decade agoFavorite Answer
There's no copyright infringement in doing that. What is different from what you did to a video placed on America's Funniest Videos? Under copyright law, there is a fair use exception:
Although a parody can be considered a derivative work under United States Copyright Law, and thus within the exclusive rights of the copyright owner, it may qualify for the "fair use" exception to the exclusive rights, which is codified at 17 U.S.C. § 107. Parodic works are not automatically fair use of the material parodied, however. The Supreme Court of the United States stated that parody "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works." That commentary function provides some justification for use of the older work; in contrast, a satire (which is not targeted at the work borrowed from) does not require use of the original work to make its point. (See Campbell v. Acuff-Rose Music, Inc.)
Myspace was just being careful because a copyright holder has the exclusive right to govern others' public performance of their work. Technically MySpace is correct in protecting the copyright holder but you can go through the process of arguing with them if you want. If you can prove it's a parody, then you win.