The original clip for the song is obviously a parody, including images that were satirically modified. It is almost certainly covered under fair use.
Sparlockgate - the YouTube copyright clampdown continues!
Please, how about seeking professional or legal advice before posting to Youtube?
The relevant US law on Free Use states:
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
As the rules apply to the youtube video that used content from the DVD:
1. The video is obviously a parody, with modified images that constitute a transformation of the original work in order to criticise a specific element; the video has not been produced for commercial use.
2. The video uses elements of the fictional film as part of a broader critique of the behaviour of a non-fictional group of people.
3. The video uses less than a quarter of the complete original work.
4. The video does not prevent the publisher from marketing the original video or from producing additional works; the original work is not sold for profit.
SMH...the watchtower never fails to just be utterly ridiculous and over the top, and overreacting.
It seemed to work OK for me Cedars ,kudos to you
Thanks everyone. I've looked into this and given it a little more thought. Having checked the instructions on filing a DMCA Counter-Notification, I don't think I will be able to appeal this. The reason is that, in order to appeal, I need to provide my full real name and address. This information will obviously be passed on to the Watch Tower Society, who may in all likelihood use it to pursue judicial action against me.
As many have pointed out, the original "Sparlock We Love You" video clearly falls under the realm of fair use. I'm convinced that, if I pursued this, the Watchtower would be forced to back down. However, even though I know the removal was unjustified, I don't think it's worth getting disfellowshipped over filing a counter-notification - especially since this appears to involve my identity being made public.
I understand Punkninja12, who mirrored the video and has also had it removed, will be fighting this - and since he has no issues with divulging his identity, perhaps it's best to let him be the one to take the fight to the Watchtower.
It's a shame that this sort of dispute is so heavily weighted on the side of the cult, and the little guy who could be disfellowshipped for making a stand doesn't stand a chance.
If anyone wants to upload my original Sparlock video as a means of protest, please email me at [email protected] and I'll try to figure out a way of sending you the video for upload.
I really do appreciate everyone's support!
It sounds like they are so embarrassed by their creation they want to bury it.
Any Worldly publishing company would be greatful for the free advertising.
I can imagine the you-tube team laughing their socks off, whilst watching your parody of the watchtower borg.
So they have to abide by the law, but that doesnt stop them having a sence of humour.
And since they must get a lot of complaints from the borg, what kind of impression must that give the youtube employees?