In order to take refugee from these invalid assertions, she made a fair use claim for all the material that had copyrights. The video was only twenty nine seconds long and the music was near to being audible for only twenty seconds. If these fair use claim wouldn't have been made an innocent women and her family would have been sued for doing something that they didn't do intentionally. The purpose of the video was to show the children dancing which wasn't understood by universal authorities. It can be supported by the fact that the quality of music in the video was extremely poor and therefore, the music was inaudible.
What comes under copyright violation and what is secured under fair use claim is still unclear amongst the people. Many think that even the thumbnails shown in a search engine and their placement on their own site is a violation of the copyrights. In reality this is not a violation as it doesn't have any commercial purpose neither does this act restrict the pictures possible market for trade. Furthermore, there was a huge difference between the real picture and the one available on the search engine as the quality of pictures on search engine is extremely poor. In order to get a clear picture of what is fair use law and the circumstances under which it can be used following video link can be visited. http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-online-video .
As time is progressing, awareness about fair use policy is increasing all across the globe and many people are in favor of such claims. The reason is the fact that such claims allow creativity. For instance, different parodies that are being done are not only a source of entertainment, but are also a unique way of sending across a message to a huge group of viewers.
Robbins said that different artists such as film producers, director, and many others can and should reap benefits from fair use policy, one of the most influential exclusions of copyrights (11). Fair use tends to release pressure on the individuals against copyrights otherwise an oppressive monopoly is possible, in situations where the artist has a well-defined, clear cut and preferably a logical reasoning for using the material.
Furthermore, Marcus that stated musicians and all other artists who have already developed a huge fan following should not oppose the subscription facilities as they have high chances of paying performance royalties to performers. Moreover, artists can also create websites that facilitate free download of MP3 records if artists desire to give away their music in order to augment their fan following (31).
However, undue advantage of these laws should not be taken. People even tend to download songs and movies using peer-to-peer files which are against the law. A lady was sued for downloading almost thirty songs using these peer-to-peer files. She argued in the court to justify her actions as legal by stating that the purpose of downloading was to see the quality of the music and whether she wanted to buy them. However, her justifications were not valid and the court gave a ruling against her.
Using software tools such as UTorrent to download movies, music or any other stuff is illegal as they violate the copyrights. On the other hand, software tools such as iTunes come under the fair use claim as they only provide a clip of the song or movie rather than the whole thing. The main reason behind this is the fact that the use of illegal software tools tends to diminish profit margin of creators of the work.
Image 2: Gizmoinsider
Cayari, C. The YouTube Effect: How YouTube Has Provided New Ways to Consume Create, and Share Music, 8 July 2011. Web. 28 March 2013.
Dance Heritage Coalition. Copyright And Fair Use. n.d. Web. 28 March 2013.
Gizmoinsider. UTorrent-app-for-android-smartphones-tablets. n.d. Web. 28 March 2013.
Marcus, A.D . The Celestial Jukebox Revisited: Best Practices And Copyright Law revisions For Subscription-based Online Music Services. 28 April, 2003. Web. 28 March 2013.
Robbins, B.D. A Fair Use Primer. n.d. Web. 28 March 2013. < http://www.woodrobbins.com/documents/fairuseprimer.pdf