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Aatube

@ Aatube @piefed.social

Posts
3
Comments
52
Joined
6 mo. ago

  • Some Chicagoans aren't paying federal taxes in protest of Trump policies

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  • instance name checks out 🔥

  • What are your personal beliefs and values?

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  • there's a difference between virtue signaling and just expressing ideas/opinion. the one that matters the most to me is that the latter isn't hostile

  • What are your personal beliefs and values?

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  • the flippancy you find especially across threads on political news across the fediverse is awful because it drives people away without accomplishing things other than virtue signaling

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  • there's some distance between just having a (transactional) relationship and a true-love relationship where "I like you for who you are and the comfort of being around you, and you feel the same" fits in, though

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  • Only if you do separate them and do not distribute the copyrighted image.

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  • Thus it doesn't apply to OP's examples, that is my point.

    (FWIW you can make a copy of a copyrighted image to extensively critique it as long as the copy is not unreasonably detailed.)

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  • Then your criteria isn't "noncommercial but "noncommercial and transformative" ("the first factor, the purpose and character of the use, disfavored fair use because although the use was noncommercial, it was also not transformative"), which OP's examples aren't. Using film music for your videos isn't transformative. Law doesn't have a "I didn't distribute my video" exception either unless that's how the music was licensed to you.

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  • Your phrasing sounds like fair use is the default case for non-commercial when really it just makes it "more likely" legal. The most obvious example is Hachette v. Internet Archive. US copyright is so pro-business that you never know until the gavel is down.

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  • As @finitebanjo@feddit.online quoted, fair use only applies

    for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research

    Of the four criteria for fair use, the first one is pretty much that it should be one of those purposes. (https://www.copyright.gov/fair-use/#%3A%7E%3Atext=Courts+look+at+how+the+party+claiming+fair+use+is+using+the+copyrighted+work%2C+and+are+more+likely+to+find+that+nonprofit+educational+and+noncommercial+uses+are+fair. details these criteria. The first criterion also includes favoring saying that really transformative and creative use is fair use hence sometimes sampling doesn't need permission.) IANAL but this is what we see in case law and case law doesn't seem to support a noncommercial personal use exemption, even if undistributed. (to answer OP's question, it's technically illegal but nobody gets sued for it because 1. nobody knows if you don't punish your crime 2. lawyers cost money so why bother such a PR scandal)

    Here's a good Tom Scott video covering the allowed purposes: https://www.youtube.com/watch?v=1Jwo5qc78QU

    Ringtones and notifications are different because they are legal public performance of something still copyrighted: https://www.eff.org/deeplinks/2009/10/court-rules-phones-ringing-public-dont-infringe-co

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  • The examples mentioned are definitely not fair use