Some law on the legality of making parodies?

[mrSHEiK124]

Well, YouTube just sent me this:

YouTube | Broadcast Yourself?
Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Constantin Film Produktion GmbH claiming that this material is infringing:

The Giants Win The Super Bowl (Hitler's Ultimate Downfall): http://www.youtube.com/watch?v=BOIhZkku4tg

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to prevent this from happening, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, please go to our Help Center to access the instructions.
Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

Sincerely,
YouTube, Inc.

Copyright © 2008 YouTube, Inc.

If you can guess from the title, it was the 3 minute scene of Hitler yelling at everyone in Der Untertang (sp?). I thought it was legal to reuse/reproduce things like that if they're for parody? Correct me if I'm wrong...

 

[moshquerade]

YouTube doesn't like Hitler.

 

[richardycc]

Chewy Vuiton?

 

[olds]

I believe You Tube already gave you their answer.

 

[sciencewhiz]

Parody as a means of criticism is covered under fair use. However, your parody was for comedy, not criticism, and isn't protected. That can only be decided in court however.

 

[frostedflakes]

I believe you're right. I don't think YouTube really examines infringement claims, if somebody requests a video be removed and has proof of ownership, I'm pretty sure YouTube just takes it off without question.

You could probably fight this, but is it really worth it? Probably not.

 

[mrSHEiK124]

Originally posted by: oldsmoboat
I believe You Tube already gave you their answer.

YouTube saw a copyright claim from Constantin Film in their inbox. The video could have been of me picking my nose for 3 minutes straight, they would have taken it down anyways. It didn't have an enormous amount of views either, it was more of something I did for friends.

Originally posted by: frostedflakes
I believe you're right. I don't think YouTube really examines infringement claims, if somebody requests a video be removed and has proof of ownership, I'm pretty sure YouTube just takes it off without question.

You could probably fight this, but is it really worth it? Probably not.

I think it is...which is why I'm asking what the law is. And it's not out of principle or anything, I just thought my video was damn funny and deserves to be up.

 

[BoomerD]

Allow me to introduce you to my sekrit wepun...Teh Google...

http://www.google.com/search?h...y+infringement&spell=1
Where magiklee, you'd find these:

http://www.publaw.com/parody.html

http://www.jamesshuggins.com/h/oth1/parody.htm

http://www.usip.com/articles/parodytm.htm

 

[biggestmuff]

what exactly was the video?

You may parody another video, but you can't use another's work to create a parody.

 

[George P Burdell]

While your work may or may not be protected under the First Amendment, Youtube is under no obligation to respect it.

 

[CptObvious]

Just to set some things straight on some of the things said in this thread:

-The fair use exception applies to "comment" and "criticism" which parody falls under. So it doesn't matter what the intention behind the parody is, whether mainly for comedy or criticism, and courts would be hard pressed to figure it out.

-You can use another's work to create a parody, to a certain undefined extent. Again, that is part of the definition of parody - a derivative work.

If you had hosted the video on your own website and it was taken down, I think you'd have a legitimate argument. However, as Youtube is a privately owned forum, they have the right to control their content as they see fit. I don't think it will be productive to fight it.

 

[HeroOfPellinor]

Nothing funnier than hitler.

 

[Jeff7]

According to the legal guru Weird Al Yankovic, he doesn't need permission to make his parodies, but he likes to get it anyway, just cause he's such a darned nice guy.
(Seriously.)


If your material was entirely original, it's no problem.
If you used their video and simply rearranged it, or dubbed over it, then you need permission.

(Note: I am not a lawyer. And dammit, I'm not using the acronym for that. )