A "Test Suite" of Fair Use Examples for Service Providers and Content Owners
The following set of videos are intended as a concrete illustration of the kinds of user-generated videos that are at risk of being improperly blocked by automated copyright filters that attempt to "match" video and audio content against a database of "fingerprints" derived from existing copyrighted works. In developing our "Fair Use Principles for User Generated Video Content," these are among the videos we had in mind.
Rather than engaging in a legal argument about whether each of these videos falls within the bounds of the fair use doctrine, our view is simply that automated copyright filters should not automatically "block" any of these videos. Each of these represents a situation where additional human review is necessary before reaching any decision regarding an appropriate response by a content owner.
In short, engineers, if your copyright filter is automatically blocking any of these videos, you still have work to do.
Audio track is an exact match for an existing work, but the video track is from many different works.
The Vader Sessions
Video track consists of excerpts from one work, but the audio track is excerpts from several different works.
Something About Commandments
Video track is compilation of excerpts from one work, the audio track includes music as a soundtrack, but the voiceover is original.
Michelle Malkin's Vent
This video commentary contains unaltered 25-second excerpts from music videos, but is otherwise original content.
Stop the Falsiness
This parody includes numerous clips from several episodes of same show, but combined with original material.
7 Minute Sopranos
Video is a montage of clips from same show, but the audio track is original.
A Fair(y) Use Tale
A montage assembled from very short clips from several movies.
100 Movies, 100 Quotes, 100 Numbers
A montage of short clips from 100 movies.
One reason why an exact match for the audio track, by itself, does not rule out fair use.
Video is original with "I Will Survive" playing over it.
Sailor Moon This Kiss
A third reason why an exact match for the audio track, by itself, does not rule out fair use.