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Universal Music Corp. (2015) [8] (the "dancing baby" case), the U.S. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore ...
YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement. [1] When a YouTube user gets hit with a copyright strike, they are required to watch a warning video about the rules of copyright and take trivia questions about the danger of copyright. [2] A copyright strike will expire after 90 days.
Some of these disclaimers, however, are less accurate and need to be interpreted individually as the term anti-copyright has no accepted legal meaning. For example, if just free distribution is encouraged, modification or lack of attribution is still illegal, making the material ineligible for collaborative writing projects like English Wikipedia .
On March 12, 2007, Viacom sued YouTube, demanding $1 billion in damages, said that it had found more than 150,000 unauthorized clips of its material on YouTube that had been viewed "an astounding 1.5 billion times". YouTube responded by stating that it "goes far beyond its legal obligations in assisting content owners to protect their works".
NOTE: A YouTube video uploaded by a user with a verification check mark badge, indicating that it is an official channel of an established creator or organization, does not fully guarantee that it complies with copyright and fair use laws.
If no notice of copyright was affixed to a work and the work was, in fact, "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. Under the 1976 Act, however, section 102 says that copyright protection extends to original works that are fixed in a tangible medium of expression ...
The copyright notice must also contain the year in which the work was first published (or created), and the name of the copyright owner, which may be the author (including the legal author/owner of a work made for hire), one or more joint authors, or the person or entity to whom the copyright has been transferred.
Free video is used extensively on Wikipedia, and is also the exclusive type of video content stored on the Wikimedia Commons. While Wikipedia allows for the uploading of fair use video (only in Ogg Theora format), the Wikimedia Commons strictly forbids the uploading of fair use video or any video containing depiction of symbols or other content that is prior licensed under a proprietary license.
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