If I sell your guitar without your permission will you split the proceeds with me?I’m shocked how many people dislike this guy. I love his channel.
I don’t see why his argument is so bad. He’s not playing full length clips of the songs. If he does play the full song, it’s over 30 minutes with analysis of the instruments and tracks. Is it really fair that all the money from that video is demonetized just because it has a portion of the song in there? I’m not saying he should get it all, but a split would make sense, no?
If I sell your guitar without your permission will you split the proceeds with me?
From what I’ve read on the topic, in accordance with fair use doctrine, he doesn’t have to. Just like I’m not required to get permission from the composer to play a recording to my class and analyze a transcription.This. And he does it without asking for permission from the rights older.
Apparently YT believes that they do in fact have that right. Rick knows that full well. The reason he posts those bitchin' videos is for click-bait to draw gullible viewers in to make money to replace the free money he was making off other people's IP until it was yanked.
I don't think so.I think I know what you’re referring to and in that case he was talking about his “What makes this song great” series. When it comes to those videos he doesn’t claim fair use and accepts the copyright claims (though he rants when they get blocked).
From what I’ve read on the topic, in accordance with fair use doctrine, he doesn’t have to. Just like I’m not required to get permission from the composer to play a recording to my class and analyze a transcription.
Likewise, a writer engaged in literary criticism is allowed to reprint an excerpt of a novel without permission of the author, for the sake of that criticism.
It only violates fair use if the reproduction somehow hinders the sale of the original work.
Yeah, I understand that, the classroom example is an easier case to make. But isn’t it also fair use if, for example, I write a critique of “Novel X”, which includes excerpts, and publish it in the New York Times, while being paid for the work, and the Times selling newspapers?Fair use is generally not cut and dry, but a multi-factorial,* fact-specific-determined affirmative legal defense to the claim of infringement. In this case, unlike in an in-person classroom setting, there's the complication of publication. Plus, Beato is using his videos for commercial purposes.
*1. The purpose and character of the use: including whether such use is of commercial nature or is for nonprofit educational purposes.
2. The nature of the copyrighted work.
3. The amount and substantiality of the portion used in relation to the copyrighted work treated as a whole.
4. The effect of the use upon the potential market for (or value of) the copyrighted work.
Well on that point sure, I was more thinking big picture in terms of copyright law.I’m pretty sure YouTube, as a private company, isn’t bound to any “fair use doctrine”.
I think they can establish their own stricter policy. They couldn’t get too loose with intellectual property without opening themselves to litigation, but I think they are perfectly within their rights to tighten the rules as much as they want to cover their own assets.
Beato is perfectly aware of their policy judging by his biannual tantrum show special where he gets to whine freely to his amassed minions to make up for the cash deficit, so no real harm done.
Is it possible for him to do both?"Now, this video, is a promotional video for theses songs! Because the whole idea of making these videos is to bring people in and then expose them to artists they hadnt heard before."
He monetizes his vids. To make money for himself.
Yeah, I understand that, the classroom example is an easier case to make. But isn’t it also fair use if, for example, I write a critique of “Novel X”, which includes excerpts, and publish it in the New York Times, while being paid for the work, and the Times selling newspapers?
Obviously every case is specific, but it’s Beato doing something similar, excerpts with commentary and analysis? (I’m not terribly familiar with his videos as I’m not particularly interested, but this is my understanding of what he does).