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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.

The Narutrix

Audio track is an exact match for an existing work, but the video track is from many different works.

play

Privacy info. This embed will serve content from youtube.com

The Vader Sessions

Video track consists of excerpts from one work, but the audio track is excerpts from several different works.

play

Privacy info. This embed will serve content from youtube.com

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.

play

Privacy info. This embed will serve content from youtube.com

Michelle Malkin's Vent

This video commentary contains unaltered 25-second excerpts from music videos, but is otherwise original content.

play

Privacy info. This embed will serve content from youtube.com

Stop the Falsiness

This parody includes numerous clips from several episodes of same show, but combined with original material.

play

Privacy info. This embed will serve content from youtube.com

7 Minute Sopranos

Video is a montage of clips from same show, but the audio track is original.

play

Privacy info. This embed will serve content from youtube.com

A Fair(y) Use Tale

A montage assembled from very short clips from several movies.

play

Privacy info. This embed will serve content from youtube.com

100 Movies, 100 Quotes, 100 Numbers

A montage of short clips from 100 movies.

play

Privacy info. This embed will serve content from youtube.com

Nixon Peabody

One reason why an exact match for the audio track, by itself, does not rule out fair use.

play

Privacy info. This embed will serve content from youtube.com

Jesus Survives

Video is original with "I Will Survive" playing over it.

play

Privacy info. This embed will serve content from youtube.com

Sailor Moon This Kiss

A third reason why an exact match for the audio track, by itself, does not rule out fair use.

https://youtube.com/watch?v=koIu90qzWJ8
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