Copyright Infringement and Fair Use

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lildz33

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My jurisdiction is: California

Let me explain the situation in a nutshell before asking for help.

A few years ago, my freshman year in high school I made these little short videos called AMV's, AMV standing for Anime Music Videos. What that is is an independently (or may be collaborated with a friend) music video containing clips of a japanese cartoon(usually a japanese cartoon) with music edited together to create a synced video. Purely for creative use, testing skill and sharing/"teaching" video editing abilities and techniques.

I uploaded such a video onto youtube that contained copyrighted materal from Warner Music Group. Today I wanted to watch my video over youtube, and I find that it was taken down due to a copyright claim from WMG.

Now, this is my "argument".

This piece should fall under the fair use act, as it is a demonstration of skill and was uploaded for the intention of criticism. No money is being made, nothing is being sold, and no advertising is linked or associated with the piece.

I quote § 107. Limitations on exclusive rights: Fair use

"(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;"

I wish to dispute the copyright claim with Youtube in order to get my video back up. What would be ideal to state in the dispute?

Unless I am completely in the wrong in this situation. Which I hope for my creativity sake, I'm not.

Thank you.
 
You may be 100% correct. But YouTube has a right (and clear in its terms of use) to decide that they don't want to have an argument with Warner about whether your clip is or is not "Fair Use." You only know the answer from a decision in a court of law. To YouTube, they probably don't want to have a problem after receiving a standard complaint from Warner. This is probably your answer.
 
YouTube doesn't have to recognize fair use, it can just delete anything that has any copyrighted material, fair use or not. It is a private entity after all.
 
YouTube doesn't have to recognize fair use, it can just delete anything that has any copyrighted material, fair use or not. It is a private entity after all.

Exactly the point. :) They don't need an excuse to remove something. Most people forget that YouTube is not a "right" like a constitutional right of free speech.
 
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