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Original artist claim copyrights to "Fair use" content, what should we do?

Janie

New Member
I don't know where to post this topic but I'd like to talk about a situation that just happened this week.

I discovered a Youtube video where characters are reacting to one of my artwork.
I was shocked a bit because they didn't ask for using my artwork in their video and when I looked in the video description, their credited my old artist username that have been not used anymore and changed about 3-4 year ago. Video in question was released 1 year ago.

I did a copyright claim, but they reproach me using my art as "fair use" and it was a "transformation" use and not a modification use (reacting to an art do not edit the art itself). They indeed have right to use my artwork this way, but are they allowed to use it if the credit/sources has not been properly searched and the original artist itself do not want to see its art exposed in such conditions?

Is the claim still "fair"?
 
Fair use is really that you can use the material even if you've not asked for permission or even rejected permission, fair use is fair use. But even under fair use you "must" give credit to the creator or copyright holder. I believe this can be a big gray area as a lot of material doesn't really hold up to this and it can be both bothersome, time consuming or even impossible to find and give exact credit to everything or everyone depending on what the material at hand is or what is being used from where for the type of project. In general it's just good practice to give credit when able to, but certainly not something that is enforced or in general painted like the case.

I am not sure if it is however, a responsibility of someone that use material under "fair use" to check up on when people change their name or identity and edit it accordingly, it makes more sense to me if at the time of using said material and the name of the source. However if they got something like let's say an image, used it under fair use and added the wrong/old name they would need to edit and credit it correctly to my understanding.

The way copyright laws are shaped up, there are some people who take it like they have a stick up their ass and playing internet police and it can do more harm than good, however in theory we are not allowed to use a lot images like avatars, share gifs to people on posts, make memes, photoshop images, share video snippets, use characters in art, the list goes on and on, where it's all a gray zone but we do it anyway because it can't be controlled. As a whole, a lot goes uncredited or unnoticed until someone wants credit or a big suit is unhappy with something.

Another case where you need to credit and use the right kind of credit is types of "creative commons", where people share material under a license, and usually you apply these when uploading to various sites that host material or even art. So if you had the art uploaded on something like Deviantart and had the selected box for creative commons people must provide credit when using it. But this is mostly aimed towards using stuff for commercial use and what not.

I am no expert, and I stand to be corrected if someone knows more about this than me, I just dipped my toes in it from dealing with youtube nonsense and the internet constantly on the move.
 
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Kellan Meig'h

Kilted Luthier
File a complaint with YooToob, I'm sure they will make them take it down.

Also, as a matter of best practice, either don't change your nom de plume or if you really have to, take down all old artwork attributed to your old nom de plume. Sure helps to diminish issues such as the one you're dealing with.

And . . . Copyright warning that says copyright (and the copyright symbol) Your Name, Year, All Rights Reserved both USA and World (or your country and world) No copying/reposting/other non-specified uses without express written permission then add an email or website to contact you through. If this was artwork, I would put it in such a place it can't be edited out. Sometimes a watermark is the only way with some things.
Copyright example below;

Copyright© Kellan Meigh 2021, All Rights Reserved both USA and World
No copying/reposting/other non-specified uses without express written permission
My URL would go here, btw.
 
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