The San Francisco Chronicle's August 21, 2008 issue reports that "small and innocuous" use of music clips doesn't warrant a demand by copyright owners to remove a video from the Internet (
Woman Can Sue over YouTube Clip De-Posting). U.S. District Judge Jeremy Fogel of San Jose, CA made this ruling, seen as a major victory for what is considered fair use (see
explanation of fair use at the U.S. Copyright Office) of copyrighted material. Federal law from 1998 allows copyright holders to order a "takedown" of unauthorized Internet material without substantiating infringement or filing suit. However, this latest ruling comes after a woman posted a 29-second video of her son dancing to Prince's song, "Let's Go Crazy" and Universal Music Corp. required that YouTube delete it and others using Prince's works.
Discussion Questions:- In your opinion, does the use of a particular piece of music in YouTube videos hurt or help the artist that created that music?
- If a YouTube video gives credit to the original performer like Prince, should it be okay to use his music? Why or why not?
- If a YouTube video is made "just for fun" and not for commercial purposes, is it okay to use copyrighted music in the video? Why or why not?