This morning Jane received a warning that her bbdhrggl channel could be removed forever. The trigger was her tutorial of "He's A Pirate", the Jarrod Radnich arrangement, uploaded yesterday. And had received 304 views and 12 thumbs up in less than 24 hours. This tutorial is wanted by many.
Fair Use Provision, Section 107 of the U.S.
Copyright Act: § 107 · Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 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.
In Jane's case:
1) The purpose and character of her video is for nonprofit educational purposes
2) Jane played from the copyrighted sheet music
3) Her work breaks the sheet music into slow sections, sometimes she includes the at tempo version to show how the sections fit together and what the student can expect if they choose to learn from the slow tutorial
4) Her tutorials increase the potential market of the sheet music
Jane' tutorials are free and not for commercial purposes. Only revenue is from Google Adsense. And all will wind up in charities: https://sites.google.com/site/pianoandmathtutorials/charities
Who is the @*#&$^# who reported this great FREE education resource as a copyright infringement?
ReplyDeleteBy the way, love your tutorials. I've started picking up piano again after 25 years. Hate to admit that because of you, I even watched some math tutorials... I guess it's never too late to learn.
az
Absolutely agree with Adrian. I hope mastermind studios will change their mind because it's not fair what they did.
ReplyDeleteLot's of guys post their tutorials on how to play Jarrod Radnich's "He's a pirate" and their videos are NOT removed. They should either remove all of the videos including he's a pirate arr on youtube which is quite stupid to my mind or get Jane's tutorial back.
P.S. Love your tutorials, Jane. Great work!