I have asked a copyright expert whether or not I need Farsight's approval to continue with Crunch Time. Here is the dialog:
Me:
I make video content for YouTube. The narrator uses text I got from a video on Farsightprime.com. My video visualizes the content of the text, but does not contain any images, sound, etc. from the original video. Am I breaking any copyrights?
Copyright Expert:
Using text from a video on FarsightPrime.com (or any other source) in your own content without permission might still pose a copyright issue, even if you are not using images, sound, or other media from the original source. Here’s an overview of what to consider:
1. Text as a Copyrighted Work
Text (including transcripts, dialogue, or any written form of expression) is generally protected by copyright. If the text is original to the creator of the Farsightprime video, using it without permission could infringe upon their rights, even if you're only visualizing or narrating it.
Exceptions: Common phrases or facts cannot be copyrighted, but original creative expression in the form of written or spoken text can.
2. Fair Use Consideration
In some cases, using copyrighted material without permission may fall under the doctrine of fair use, particularly for purposes such as commentary, criticism, education, or parody. However, fair use is determined on a case-by-case basis using the following factors:
- Purpose and character of the use: If your video adds new meaning or transformative value (such as commentary or education), it may weigh in favor of fair use. However, if your video serves a similar purpose to the original (e.g., simply narrating the text without significant alteration), this may weigh against it.
- Nature of the copyrighted work: If the original work is factual, fair use is more likely to apply. If it’s more creative (like storytelling or fictional content), copyright protection is stronger.
- Amount and substantiality: The more you use of the original text, the less likely it is to be fair use. Using short, relevant excerpts may be acceptable, but using large portions of the text could be problematic.
- Effect on the market: If your video could potentially replace the original video or reduce demand for it, this weighs against fair use. If it offers a new purpose that doesn’t compete with the original, fair use is more likely.
3. Transformative Use
If your video does something transformative with the text (e.g., providing commentary, analysis, or creating something new), you might have a stronger case for fair use. Simply retelling or visualizing the same information in a different format (like a YouTube video) might not be transformative enough.
4. Getting Permission
If you’re concerned about copyright infringement, the safest route is to get permission from the rights holder (e.g., Farsightprime) to use the text in your video. Some creators offer licenses for their content, or may allow the use of excerpts under specific terms.
5. Content ID and DMCA Takedowns
On platforms like YouTube, copyrighted material can be flagged by Content ID or subject to a DMCA takedown notice if the rights holder believes their content has been used without permission. Even if your use is potentially fair use, you could still receive claims, which may lead to your video being taken down or monetization being disabled.
Summary
If the text you’re using is copyrighted and you’re not transforming it enough to qualify for fair use, then you could potentially be infringing on the copyright.
Consider using small portions of the text, adding transformative value, or obtaining permission from the original creators to minimize risk.
Me:
Let me break down my viewpoint of each of these items:
1. Purpose and character of the use: If your video adds new meaning or transformative value (such as commentary or education), it may weigh in favor of fair use. However, if your video serves a similar purpose to the original (e.g., simply narrating the text without significant alteration), this may weigh against it.
My answer: I could definitely add my own personal critique and commentary and interpretation of the text, but I need to keep the original text verbatim, to be fair to it.
Nature of the copyrighted work: If the original work is factual, fair use is more likely to apply. If it’s more creative (like storytelling or fictional content), copyright protection is stronger.
My answer: It is presented as fact. This is what the ET says. It is not storytelling or fictional.
Amount and substantiality: The more you use of the original text, the less likely it is to be fair use. Using short, relevant excerpts may be acceptable, but using large portions of the text could be problematic.
My answer: The video contains a discussion between Courtney brown and his son, and occasional input from the ET. So the text is only about maybe 20% of the full text in the video. I don't take any text from what Courtney or his son says.
Effect on the market: If your video could potentially replace the original video or reduce demand for it, this weighs against fair use. If it offers a new purpose that doesn’t compete with the original, fair use is more likely.
My answer: I believe my video would make the audience more interested in seeing the original Farsightprime content. As a result of your input, I will add my own commentary and viewpoints to the ETs speech, and this way I will give it a new purpose.
Copyright Expert:
Based on your thoughtful breakdown of the fair use factors, your use of the text could potentially qualify as fair use, particularly if you make sure to add personal commentary, critique, and interpretation. Let's go through each factor:
Purpose and Character of Use:
By adding your own critique and commentary to the extraterrestrial (ET) speech, you're creating a transformative work, which strengthens the case for fair use. The fact that you plan to offer personal viewpoints and interpretations means you're not simply republishing the original, but contributing something new. While you're keeping the original text verbatim, the commentary and critique add value, moving your video closer to the educational or analytical side, which tends to favor fair use.
Nature of the Copyrighted Work:
Since the ET’s speech is presented as factual and not fictional or creative storytelling, this factor leans more in favor of fair use. Courts often treat factual works more leniently in terms of fair use, as the public interest in sharing facts can outweigh copyright claims.
Amount and Substantiality:
You mentioned that the ET's speech comprises about 20% of the entire video, and you're not using any of Courtney Brown’s or his son’s dialogue. Although you're using a relatively small portion of the entire work, the key here is whether you are using the "heart" of the work, which could still weigh against you. To bolster your case, ensure that your commentary adds substantial value to the parts you are using. This will help show that your use of the text is for purposes beyond merely repeating it.
Effect on the Market:
Your view that your video could increase interest in the original content is a positive point. If your video adds context and interpretation that makes viewers more curious about the original Farsightprime content, it is less likely to harm the market for the original video. Adding your own unique commentary reinforces that your work serves a different market purpose than the original, which is another point in favor of fair use.
Final Assessment:
You have a solid argument for fair use, especially because you're adding commentary, critique, and interpretation, and your video is not likely to replace the original content. The fact that the ET’s speech is factual and only a portion of the full work is also helpful. By ensuring that your video offers new insights, perspectives, or a transformative purpose, you strengthen your position under fair use.
However, fair use can be a gray area, and outcomes can vary based on how a court weighs each factor. If you'd like added security, consider reaching out to FarsightPrime.com for permission to use the ET's speech, especially since you're using the text verbatim. This could avoid potential disputes down the line.