Recent comments in /f/videos

arctander t1_ixlj6s2 wrote

This is an eloquent take on the fourth test of fair use under US Copyright law, namely "Effect of the use on the potential market for or value of the copyrighted work." Under this economic interpretation Disney's Song of the South ought to be available, and it is. Disney has refused to re-release this film and it remains under copyright until 2041.

The Sony Bono Copyright Extension Act was clearly overreaching and should be repealed, but there's no political will to do so. My question was really about the apparent impunity under which IA operates.

I appreciate the good conversation, thank you.

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schkmenebene t1_ixl972z wrote

That's just because you haven't been asked to play in a movie for a couple months and make money off that for the rest of your life.

It's probably very easy to trick these people and get them on the hook, then it's all about bait and pull from there. That clip posted here a week ago or so with David Chapelle talking about Hollywood was pretty terrifying.

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MattsAwesomeStuff t1_ixl8ukn wrote

> I am genuinely curious as to how The Internet Archive can have this clearly copyrighted material stored and served without any rights

Copyrights are actually the exception. It says "You get to be the only one who controls this, for an amount of time, before it belongs to everyone." It's just that that limit is like 75 years after the death of the creator.

One of the provisions of fair use has to do with the commercial impact of the copyright violation. I.E. How damaging you're being by distributing it.

If someone will not sell or make available the work, then it's pretty easy to argue that there is no lost commercial value. This is also true of out of print books, classic video games, etc.

The whole point of copyright law was to encourage the creation of new works, by which all of society benefits. Society benefits a lot more from the availability of "lost" works than from protecting people who are withholding it.

On a tangent, it's a bit of a joke that copyright (which used to be like, 5-10 years) existed to give a creator an encouragement to create creative works by allowing a window of time to profit from them. But, to not make it indefinite, so that creators, like Youtubers, have to constantly create new content in order to profit from it. The whole point was "More people will write books, perform plays, create maps, etc. Society is way better off." Exactly how encouraged is a creator, to create new works... 75 years after they're dead?

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salartarium t1_ixl6hkq wrote

The Internet Archive is like YouTube when it comes to this stuff. Some random internet user uploaded the video and filled out the page. It stays up until they receive a DCMA notice and because the uploader checked the box that they had the rights, the IA is not responsible for having believed them.

They just aren't as aggressive as google and don't have automated bots to search for copyrighted content as they don't care about relations with big media companies.

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arctander t1_ixkswdy wrote

I am genuinely curious as to how The Internet Archive can have this clearly copyrighted material stored and served without any rights - and they know it "Rights yikes" is on the page.

Are they simply waiting for a DMCA notice?

Then there's this note "Uploaded as it may never get an official re-release" which simply isn't any kind of legal reason under US copyright law.

Anyway, not trying to start a fight, but I don't understand how The IA can host this. I figure that if I did, I'd get crushed by an attorney somewhere.

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