“I have no title for this” video pulled?

[Mike Chedwick]

Satire and Parody usually are not infringements on copyright.

[Nathan Adam]

This was my *exact* experience on that fateful morning. Exact.

[David Roth weiss]

[Tom Wolsky] “The video had admitted copyright issues, including video of Steve Jobs.”

That one may have actually been legit under the fair use doctrine – it certainly can be considered as commentary and/or criticism.

Wikipedia defines examples of legitimate fair use as follows:

Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

David Roth Weiss
Director/Editor/Colorist
David Weiss Productions, Inc.
Los Angeles
https://www.drwfilms.com

Don’t miss my new tutorial: Prepare for a seamless transition to FCP X and OS X Lion
https://library.creativecow.net/weiss_roth_david/FCP-10-MAC-Lion/1

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™

Creative COW contributing editor and a forum host of the Business & Marketing and Apple Final Cut Pro forums.

[Joe Moya]

ya know what I dislike more than just dumb marketing mistakes…

– Censorship

The cc issue is pretty weak…

[Joe Moya]

Exactly

[Tom Wolsky]

The commentary or criticism was not of the music, so it’s not fair use. The purpose of fair use for criticism is so you can comment on an author or copyright work, quote a passage, make reference to it, comment on it. That’s not the case with this use of the music. That said, it was a very nice piece of work by Jeff.

All the best,

Tom

Class on Demand DVDs “Complete Training for FCP7,” “Basic Training for FCS” and “Final Cut Express Made Easy”
Author: “Final Cut Pro 5 Editing Essentials” and “Final Cut Express 4 Editing Workshop”

[Joe Moya]

Apple’s PR needs to go look up PR 101 rules…

…never censor critism… it will only make the situtaion worse.

FCPX backlash just keep getting worse… IMHO.

[David Roth weiss]

[Tom Wolsky] “The commentary or criticism was not of the music, so it’s not fair use. “

I thought about that too Tom, and there is an argument the artist is also making a social commentary about the song as well, which is a sign of the times, and thus most likely fair game in a piece designed to reflect and comment on the FCP X fiasco as just one more example of current trends that the artist believes may also be the core message of the song.

In any case, should he or his his lawyer need an argument to support their position, they now one… They can quote me if they wish, so long as they get the spelling of my name correct and give the Creative Cow credit as well.

David Roth Weiss
Director/Editor/Colorist
David Weiss Productions, Inc.
Los Angeles
https://www.drwfilms.com

Don’t miss my new tutorial: Prepare for a seamless transition to FCP X and OS X Lion
https://library.creativecow.net/weiss_roth_david/FCP-10-MAC-Lion/1

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™

Creative COW contributing editor and a forum host of the Business & Marketing and Apple Final Cut Pro forums.

[Tom Wolsky]

And this is how lawyers get rich, and you and I are just working stiffs.

All the best,

Tom

Class on Demand DVDs “Complete Training for FCP7,” “Basic Training for FCS” and “Final Cut Express Made Easy”
Author: “Final Cut Pro 5 Editing Essentials” and “Final Cut Express 4 Editing Workshop”

[Joe Moya]

There is legality and then there is common sense… seldom do the two merge…

I don’t see a lot of common sense being used by Apple in this situation.