My First Vimeo Fair Use Restriction

So I decided to login on my vimeo account, thing I barely do since I use it as a mere backup of videos, I use to think Vimeo was a more free space in which compared to YouTube in terms of fair use you could easily depend on Vimeo since it rarely cared? or banned that kind of material, example being Lisa

Kreisinger

famous video in which she uses Taylor Swift song with Kaney West material which obviously gets blocked on Youtube but happily you can just google the title and the same video appears on Vimeo without any issues. 


But weirdly as I was saying I decided to login and discovered I got an unread message that appear to be a reclaim on content on my funnyly styupid remix video of when the President Peña Nieto decided to apologize for things happening under his government, in specific the scandal brought to light by journalist of his white house which in my head upon hearing the speech it weirdly match with Justin Bieber’s song “Is it to late to say Sorry?” I found the Spanish version and it was even better since the song had a line in that sort of says “understand the lifestyle I’m used to, please understand that if this was on my hand (to handle )I wouldn’t have give it up to luck” “Entiende mi estilo de vida, por favor comprende que si esto esta en mi mano no lo dejo a la suerte” by which juxtaposition of video and sound would make it look like the president was not only apologizing to the people for the scandal but asking understanding of his situation, which according to the general public, memes and the usual jokes on hashtags is how people felt it was, an unnecessary thing to do and rather slap on the face telling citizens I sort of address the mistake, or rather that my image was compromised (as if it wasn’t already) but will do nothing about it…

I was talking to a friend on the issue and told her the remix almost wrote itself since all I needed to do was match with the investigation report video showing the white house and the papers with the price brought to light, the speech and the song, I remixed the material creating what I will call funny juxtaposition XD for her and no one else in particular to see and didn’t expected anyone or anything specific to happened with it but apparently since 3 months ago, the video got claimed as infringement and was taken down under this statement:

[…]notice submitted by International Federation of the Phonographic Industry (“IFPI”) (????) pursuant to the Digital Millennium Copyright Act (“DMCA”). Why did this happen? We removed your video because a third party claims that it infringes a copyright that the third party owns or has the right to enforce. The Vimeo Terms of Service prohibit the uploading of content that infringes another person’s intellectual property, including copyrights. Vimeo’s policy is to remove potentially infringing content upon receipt of a valid DMCA notice

So my stupid video got blocked and now I have one of three strikes to which my account can now be:

This takedown will count as a copyright “strike” against your account. If you receive three copyright strikes, we will terminate your account for repeat copyright infringement.

which reminds me I need to maybe create a new account and upload again all my content and maybe put everything on private for no one to see ever as a way to preserve material just in case…*thoughts*

But anyway the funny thing is that also since there is only a message

 I have no way to know who the third party is or what part of the video, sound or image the actual complain is about, the only way to follow is by creating a complicated letter and sending my data to Vimeo telling them why I think this counts as Fair Use 

but the way the page is addressed is rather making you avoid doing anything, starting by the fact that it says “this page is only available in English” 

Política de derechos de autorGracias por visitar la Política de derechos de autor de Vimeo. Recuerda que la política de derechos de autor solo se encuentra disponible en inglés por el momento.

moving on to things like 

UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

” 

which is funny when you think about how actually that same law is the one stated when you say you are using Fair Use

 “Fair use was a common-law doctrine in the U.S. until it was incorporated into the Copyright Act of 1976, 17 U.S.C. § 107″

So, someone bother enough to complain about a silly video that to be honest didn’t even got that many views, 100 maybe? if we exaggerate…a lot? luckily for the terms of this mini experiment (which I will allow myself now to acknowledge as that, given the fact that fair use and Remix is my topic and this can be a happy accident XD) I decided  to check if the Youtube video was still online or restricted as well and found some interesting information:

1. The video is still up in Youtube since there the company is monetizing when someone watches it so no problem there (why is it always about the money?) just the typical yet “not problematic” procedure of “if you accept this conditions (monetization of third party) there is no need for you to do anything further”

but interestingly enough in Youtube I CAN see who complain or rather claim, which seconds of the song (since it’s the sound rather than video, one of the video sources comes from Aristegui and I would like to think they won’t mind material that critiques or uses Fair Use in a funny way) and the company that submitted the claim which apparently is really powerful and represents top starts like PSY, Justin Bieber and GDragon (so now I may have a complain from the company that signs two of my favorite Kpop artists XD)

so the problem is I’m using a song by Bieber (since we all know J Balvin es buena onda and he wouldn’t mind people using his content in Fair Use) and they don’t mind if only 5 people see the video since they can monetize (on Youtube) but when it comes to Vimeo even if it was less people it was a problem, it would be interesting to ask

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if she rather also fought the claim on Vimeo for her video, which seems unlikely since her Youtube video is blocked and one would assume then both would be unblocked if she fought the claim, but rather if maybe the company of kanye or swift (since music seems to have a stronger sense of infringement on fair use videos) has no presence or interest in Vimeo? but then is weird how rather than monetizing in that case they prefer to block the whole video on Youtube? 

And yeah, right now I have no point but hope this interesting yet spontaneous experiment will allow me in the future to be used as an example on how Remix works or operates online but rather most importantly the importance of Remix in Digital Culture…*nota mental para mi yo del futuro

from Tumblr http://ift.tt/2fI6dwB

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