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Fair Use of Video Footage

There is no single standard for "fair use." It's up to a judge to decide, this is why it's so problematic in the USA.

One judge in one district will say it IS fair use, while another will say a virtually idental case ISN'T fair use.

I run a few parody websites, I always get DMCA notices and lawsuit threats. I simply remind them, it's "fair use," and I'd be more than happy to discuss it with them in front of a judge. Of course if I win, you'll have to pay my court costs and such, and if YOU WIN, I have nothing so you'll have essentially wasted your time.

So far <knock wood> it's always worked.

Remember in America lawsuits are not about right/wrong. They are about having enough money to keep suing the other guy till he gives up.
 
Mark said:
Remember in America lawsuits are not about right/wrong. They are about having enough money to keep suing the other guy till he gives up.
Click to expand...

That and the act of giving people a good scare. I actually know a few websites where if one as much as breathes "lawsuit", the webmaster starts deleting posts, tracking ISP addresses and starts issuing public apologies even in cases of "opinions". Like the one message I can remember seeing on another TV site awhile back where someone had mentioned that the late Dana Plato was a terrible actress, well they actually said that her acting "sucked". Then comes another post mentioning that the Plato family can sue the website because someone had posted that Dana Plato "sucked". The webmaster deleted the thread and posted an apology towards the Plato estate over that remark. Oh he also begged the family "please don't sue us for slander".

Yeah like the family had a case to begin with. ::)
 
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