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by gvggf 2554 days ago
Isn’t it fair use?

A small fragment of a copyrighted video as part of a larger work made to satirize is completely legal!

Aren’t there penalties for fake DCMA requests?

1 comments

Isn’t it fair use?

Nothing is automatically fair use. At the end of the day only a judge can decide if something is fair use or not.

You're ultimately correct, but the YT Fair Use Guidelines don't seem to be directly at odds -- unless Apple is arguing that the laughter hurts the copyrighted works profitability?

[ https://www.youtube.com/yt/about/copyright/fair-use/#yt-copy... Guideline : 4. The effect of the use upon the potential market for, or value of, the copyrighted work]

YouTube is also a private platform, they can take down your video for any reason at all.
While it's true, it's also missing enough detail to be wrong. There are laws governing content use on websites and Youtube is obeying the safe harbor provision with hasty response to take down requests. So the reason they take your video down here is "compliance with the law".