anyway a fun fact i recently learned is you can submit copyright claims against libs of tiktok because she’s a known individual and her accounts are monetized and are platforms used to sell merch, which eradicates fair use. she can’t use your videos without licensing or consent.
Comments
If the law worked that way, bad reviews would basically be impossible.
LoTT ducks claims of defamation by saying the vids are generally presented with no real commentary.
But without commentary it ceases to be criticism, and therefore ceases to be fair use, doesn't it?
LoTT can counterclaim and they may get reinstated, but it is a hassle, just ask any youtuber
But - particularly if the person on the receiving end has substantial resources - it is also possible to weaponize the process against people who file takedowns. Not as easy, and costs a lot, but possible.
And that could go...bad...
More useful to say "Fair use is more complicated and less intuitive than most people assume."
DMCA is a lot harder to get rid of for failure to state a claim. Too fact-dependent.
I'm not going to give you legal advice. And if you have another copyright lawyer saying something different, 🤷♂️ - but this is an area I know well.
But I know exactly how I'd argue it is fair use, including which cases I'd cite.
But if you are going to do this, I encourage you to make sure you're very familiar with the whole statute. And be sure you understand your own legal risk here.
or you can find a copyright lawyer and collect some scratch.
That's HOT.
and yes stealing shit to profit from it vs being some rando who’s not profiting does nuke fair use.
why’s this difficult to understand
https://gofund.me/7846933d
If you have any serious questions about fair use, do more research or contact a lawyer.
https://fairuse.stanford.edu/overview/fair-use/four-factors/