LIVE: You Should See The Rest - Riding S.M.A.R.T. 109

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3 years ago

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This YouTube Video constitutes non-infringing fair use under U.S. copyright law because it is transformative in nature, uses no more of the original than necessary, and has no negative effect on the market for the original work.

Thus, under Section 107 of the Copyright Act 1976 the Fair Use factors weigh heavily in favor of good faith, fair use.

Courts have already weighed in on this question: YouTube videos of this nature are fair use as a matter of law. Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017) (granting summary judgment on fair use grounds in favor of defendant video makers); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015). If you believe material has been used in an unauthorized manner, please contact me at [email protected]
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