EFF Assails YouTube For Removing "Downfall" Parodies 294
Locke2005 writes "In what promises to be one of the quickest threads to become Godwin'ed, YouTube has pulled scores of parodies of the 'Hitler Finds Out' scene from the movie The Downfall. Ironically, I had never heard of this movie before this — and now I want to watch it." Here is the EFF complaint. David Weinberger has posted some details on Google's Content Identification tool, which is being used in the shotgun takedowns.
Ich bin Hitler (Score:5, Funny)
und ich bin erste!
(first post, thread is now godwinned)
Re:Ich bin Hitler (Score:5, Informative)
it's easy to get around the content filter really.
how do people not bother? Just change the audio pitch by...I think it's 1 half step? Or 1.1 half steps? Once you do that, the automated scanner will not be able to find your video at all. It will sound practically identical, as well.
Just shows how pitiful the attempts by copyright groups are, since they don't even review the videos.
For video that relies on the graphic, you just have to create a single vertical line (maybe green or something, 1 pixel wide) going down the entire frame of the video, and then the graphic filter won't find it either.
Just shows ya, the more you try to stifle, less it works.
Re:Ich bin Hitler (Score:5, Informative)
ahh, here it is. The how-to.
http://www.csh.rit.edu/~parallax/ [rit.edu]
Hitler's video got removed? (Score:2)
Couldn't happen to a nicer bloke.
Re: (Score:2)
Apparently all of those videos on that page have been pulled. Including the pure white noise one [youtube.com]. I wonder how they justify that one.
Re:Ich bin Hitler (Score:5, Funny)
Apparently all of those videos on that page have been pulled. Including the pure white noise one. I wonder how they justify that one.
Germany considers it too racist. There should have been a representative mix of white and black noise.
Re: (Score:2)
Duh. The real question is, how long did those videos last before being publicized, and how long compared to other "illegal" streams of bytes.
Re: (Score:2)
those videos were up for more than a year. You could repost them and they still pass the filter *today* with the pitch change.
Re: (Score:2)
regardless, I don't the the fuhrer is going to appreciate it. It's not the first time google has messed with him.
http://www.youtube.com/watch?v=oFEeOAQ2NUc [youtube.com]
http://www.youtube.com/watch?v=bY3gVhulbUM [youtube.com]
http://www.youtube.com/watch?v=O0SDDkETCIQ [youtube.com]
Re: (Score:2)
Hitler wouldn't dare run Spelljammer. (Score:4, Insightful)
Unfortunate (Score:3, Insightful)
Re:Unfortunate (Score:5, Insightful)
Re: (Score:3, Informative)
Whose line is it anyway often did that.
Weird Al also always asks permission and won't put it on his CD if asked not to (in the case of pitiful, but he released that for free since Blunt was okay with it but his label wasn't)
Re:Unfortunate (Score:5, Informative)
He only does that because he's a nice guy though. Legally he could put any of his parodies on his CDs if he wanted to.
Re:Unfortunate (Score:4, Informative)
No, the reason he asks permission is to be (a) a nice guy, and(b) being a nice guy gives makes the musicians more open to letting him do stuff like use their actual music video sets for the parodies and other cool things.
Re: (Score:3, Informative)
Re:Unfortunate (Score:5, Informative)
making a parody where the subtitles are the only original content and everything else is from the copyrighted work is not gonna fly in court.
It doesn't matter, for the purpose of determining fair use, how much additional material was added. Rather, it depends on how much of the underlying work was used, and how important that portion was to the underlying work. Your criterion is often invoked by infringers who legitimately claim that because they added so much to the portion used, their use was fair, and is just as often rejected by the courts, who don't care about that.
In any event, this isn't "the entirety of the video from 'The Downfall.'" The Hitler scene is just one part -- albeit a rather powerful part -- of an entire movie about the last days of the Nazis in Berlin during the war.
Of course, the thing that might trip them up is the ridiculous dividing line that the courts have been drawing between parody and satire. When a use is a parody, it makes fun of the underlying work itself, and therefore must draw at least somewhat from that underlying work, in order to come about. It is essentially commentary that ridicules the work, or is at least itself ridiculous. Imagine, for example, making fun of Mickey Mouse and Disney by having the Sorcerer's Apprentice scene from Fantasia involve Mickey summoning up a destructive horde of copyright attorneys. (We are indeed capable of reproducing by fragmentation; fear us) That could be a parody.
Satires, however, are making a point about society generally, or at least about something other than the underlying work. In that case, it doesn't absolutely need to borrow from an underlying work, and the courts have not been as generous to satire as they have been to parody. For example, there was a case in which someone was making fun of the OJ Simpson trial by using Dr. Seuss characters and artwork. Because the use wasn't commenting on the used material, but just borrowing it for an unrelated purpose (unless OJ was right, and the murderer was the Lorax or something), it wound up not being a fair use.
Now, I think this is a dumb distinction. The main issue should be whether the use is transformative, even if it doesn't 'need' to use the underlying work (although a showing of necessity should count for something, considering other doctrines, such as merger, where it is also relevant), along with the rest of the fair use analysis, in particular, the fourth factor (harm to the market for the underlying work). But that's what we're stuck with at the moment. And since most of the Downfall videos (though not all -- the one where Hitler is upset about how many Downfall videos there are would seem to be okay, ironically) don't make fun of anything that requires the use of Downfall in order to do it, things may not go well.
Now, how long until someone follows up on this, does a bit of research, and has Hitler upset about this particular aspect of Fair Use under US copyright law, citing the statute and caselaw? Perhaps Generals Keitel, Jodl, Krebs, and Burgdorf (the four guys that he has stay in the room) could each stand for one of the four prongs of the analysis?
Re:Unfortunate (Score:5, Insightful)
However, directly using the entirety of the video from "The Downfall" is not going to be seen as fair use.
Nobody is using the entirety of the video. They are using a clip that's less than 4 minutes out of a 178 minute film.
Re: (Score:3, Insightful)
They are using a clip that's less than 4 minutes out of a 178 minute film.
True, but that doesn't necessarily make the 4 minutes free to use, especially for purposes other than making a comment on that particular film or its authors.
Re: (Score:3, Insightful)
Weird Al is still part of the "system" and doesn't have anything to do with Fair Use... He's on a big label and can get rights to whatever he wants. Remember MOST performers on the radio DON'T write their songs, and the "company" often owns them anyway. The company can license to whoever they want..."NOW", Kidz Bop, etc. The "performer" has nothing to say because they signed over ownership. What company executive is going to pass up easy money if Weird Al wants to riff on a song!
Re: (Score:2)
Also it doesn't matter how much of the original work is used, different subtitles change the entire context of the clip and there for is protected under fair use.
Re: (Score:3, Insightful)
Weird Al recreates the backing track in his studio. The downfall parodies do not restage the scene with different actors.
That's one way a is different from b.
Re: (Score:3, Insightful)
Let's see:
a) Weird Al takes a portion of the audio track and overlays his own original audio and replaces the video portion with his own original re-performance.
b) Downfall videos take the entirety of the audio track and the entirety of the video track and simply overlays subtitles. Nothing at all is an original recording. They might as well show the original unaltered Downfall clip on one side and have a second video that plays beside it showing the subtitles.
A parody should mock the original work. The
Re: (Score:2, Insightful)
Let's talk about Shakespeare (Score:5, Insightful)
Imagine if you will that Wm. Shakespeare had to contend with modern copyright law. He's only one example - any remembered artist will do. How much of the works of "Bard of Avon" would be permitted under current law? Actually, almost none of it. A sonnet or two. And because his unsourced output was so small we would not know of him at all. England's national poet would have been silenced by copyright law as we know it. Almost all of the stories he retold as plays would now be lost forever because they were derived from bardic tales or previous plays that would have been protected by copyright. We grant him great respect now not because he invented these stories, but because he told them well .
Every play, each story, was derived or influenced - as was common in that day and should be common still - by the bardic tales passed down in oral tradition that today would be protected. It was in his wry telling of these tales, the wit that he added, that made them so durable that we know them still. If he had not retold them in his special way they would be lost to time. Today he would be Disney'd out of his art - as a great many grand geniuses are today being silenced by the tyranny of copyright monopolies.
Every creative person needs to understand and acknowledge the source of their creation, or at least that they've built upon one. And they need to submit to a future where others build upon their work. We call this evolution culture. Modern copyright law admits no such culture. Each of them needs to understand that modern copyright law dooms them to ignominy, as our current masters of culture need new sales to drive their market numbers and this works against literary immortality. It's a Devil's bargain.
And so, breeding a generation devoid of culture we reap what we sow. If kids can't adopt the culture of their parents because they're proscribed from experiencing what it was by copyright law, they will invent their own. These inventions will by necessity be primal. Primitive. Animalistic. That can be art, but it can't be durable art.
So, artists and inventors are actually harmed by the current state of law. They should oppose it as it prevents their art from going viral and being a part of our culture.
By preventing the natural course of social evolution through copyright law, we naturally regress to the primitive at an abhorrent rate. That's not the purpose of copyright enshrined in the US Constitution. The purpose of that clause was to "promote the progress of science and the useful arts."
Re:Unfortunate (Score:5, Interesting)
I read an interview with the director of Der Untergang where he said that he liked all those Untergang parodies. Not every filmmaker has his pivotal scene become such a big internet meme, and he was very flattered by that, and tried to watch every one of them.
Clearly he's not the one who calls these shot.
Re:Unfortunate (Score:4, Insightful)
Clearly he's not the one who calls these shot.
Well, think of the thousands of people who saw the original scene because of the parody, were drawn in by Bruno Ganz's amazing performance, and then went ahead and watched the full movie.
If I was the director, I'd be happy with the amazing viral marketing.
Uh-oh!! (Score:5, Funny)
Wait till Hitler finds out about this!!! woooooohhh boy!!
Re:Uh-oh!! (Score:5, Funny)
Yeah, he's pretty pissed [youtube.com].
Re: (Score:2)
He has. Cue links to Hitler as a Meme video...
Re: (Score:2)
Apparently he's not happy...
http://www.youtube.com/watch?v=5fAQKa8rU_4&feature=related [youtube.com]
BBC already wrote good article on this (Score:5, Informative)
A good summary of the whole story of the meme before the YouTube action.
Re: (Score:3, Insightful)
something posted in 5000 different iterations on the internet, with dream of humour = meme, no?
Re: (Score:3, Informative)
No. A meme is not a fashion or a fad. Fad is the proper term.
The term Internet meme, pronounced meem, is used to describe a concept that spreads quickly via the Internet.[1] The term is a reference to the concept of memes, although this concept refers to a much broader category of cultural information.
http://en.wikipedia.org/wiki/Internet_meme [wikipedia.org]
Re: (Score:2)
"Let's make parodies of Hitler having a spaz" is pretty weak as ideas go. It's pretty derivative of MST3K (which goes back to the late 80s before either the Internet or the use of the word meme became mainstream). There's also not much in the way of memetic evolution possible with do
Re:BBC already wrote good article on this (Score:4, Informative)
Re: (Score:2)
Yes, but you're on the internet, so local namespace dictates that "meme" refers to "internet meme", just like "post" by default refers to "post on a website" rather than "post office".
Downfall is a really good movie (Score:3, Interesting)
...but difficult to watch if you're squeamish about real-world evil.
The parodies that I've seen, though (of the approximately 700,000 of them on YouTube) are hit and miss, though I'm pretty sure this is exactly the kind of thing that's defensible as fair use.
Re: (Score:2)
Re: (Score:2)
The same scene over and over does not count.
Re:Downfall is a really good movie (Score:5, Funny)
I watched different scenes on Youtube.
Pretty strange movie, though. The actors do the same things over and over, and only the subtitling is different?!
Re:Downfall is a really good movie (Score:5, Insightful)
The funny part is, I never would have heard about the movie(and subsequently bought a copy on DVD) if not for the Youtube parodies. Free advertising? Bah!
Re: (Score:2)
wouldn't this story generate even more free ads?
Re:Downfall is a really good movie (Score:5, Funny)
Re: (Score:2)
"Yeah! I never would have heard about the movie and subsequently downloaded it from The Pirate Bay if not for the Youtube parodies too!"
I would ditto that, but I can't quite bring myself to dedicate 12 to 20 hours of bandwidth so that I can watch some movie that I may like or not. I'm sure not going to spend MONEY on it!!
Well what does the director have to say about it? (Score:5, Informative)
Re:Well what does the director have to say about i (Score:4, Interesting)
By the way, I saw this movie in the theater for a foreign film festival. It made it all the more funny to see the viral videos start popping up since I remembered the scene vividly and it's a pretty powerful movie. Although, I saw it with a German girl and her comment was that Hitler movies were passe in germany since so many had been made. I thought it was good though.
Re: (Score:2)
Re: (Score:3, Interesting)
This is rather stupid, considering the director of Downfall watches them and likes them. In fact, in his own words "I think I've seen about 145 of them! Of course, I have to put the sound down when I watch. Many times the lines are so funny, I laugh out loud, and I'm laughing about the scene that I staged myself! You couldn't get a better compliment as a director." http://nymag.com/daily/entertainment/2010/01/the_director_of_downfall_on_al.html [nymag.com]
Well... The article also ends with the director saying "If only I got royalties for it, then I'd be even happier." But removing the videos from youtube wouldn't help him with getting royalties, so yeah. It is rather stupid. He'll probably get less money now since the videos were essentially free advertising for the movie.
Re: (Score:2)
The article also ends with the director saying "If only I got royalties for it, then I'd be even happier." But removing the videos from youtube wouldn't help him with getting royalties, so yeah. It is rather stupid.
Doesn't youtube have a revenue-sharing system for MAFIAA-sourced content? I know that some stuff they take down saying that the MAFIAA told them to block it and some stuff they tell you (when you post it) that its OK because they have some sort of agreement with the copyright owner of the original materials.
Re: (Score:3, Insightful)
To continue with my point (I hit submit instead of preview) - I bet the reason the director can't get any royalties is because his contract with the studio doesn't mention youtube clips so the studio gets to keep any money generated all for themselves. That's the kind of bullshit that "hollywood accounting" is famous for.
Re:Well what does the director have to say about i (Score:4, Insightful)
Well really it's stupid regardless of what the director has to say. I could imagine the director taking it all very seriously and being upset that people were making fun of his movie or making light of Hitler's actions. Still, forcing these clips to be taken down would be stupid.
These parodies aren't being done for profit. They're not competing with the movie. They're not taking away from the movie. Nobody is going to watch these clips and say, "Well I don't need to see this movie now." This isn't what copyright was created for.
The whole thing might even be covered under the first amendment as parody.
Re: (Score:2)
Parodies are directly protected under fair use. So he can scream and yell about it, but youtube is just proving with an automated system it has no clue.
Re: (Score:3, Insightful)
MS Flight SImulator X parody (Score:2)
There use to be an MS Flight Simulator X parody that was roll over on the floor hilarious with a constant stream of in jokes about the frustrations of Flight Simulator enthusiasts with the last, initially buggiest (still not all bugs resolved) and resource hungry version of the simulator. On initial release you had to do all sorts of tweaking to get a usuable system. Two service packs and an addon pack later it was more usuable but still many hobbiests were divided between FS2004 (the previous version) and
Re: (Score:2)
Why not move to X-plane or flightgear?
Seems like a better solution for players and the developers that want to make addons for them.
Re: (Score:3, Informative)
Why not move to X-plane or flightgear?
Seems like a better solution for players and the developers that want to make addons for them.
Many many reasons
- They are STILL not as sophisticated or feature complete. Some of it is extreme. Joystick support is still not as easy as it should be in Flightgear.
- Momentum - not nearly as many addons now means its harder to get the ball rolling
- Both simulators keep changing even in minor releases. Makes it difficult for part time content creators to keep up, and less worthwhile when you know a new version will break it. Well FSX isn't fantastic for backward compatiblity - one of many mistakes, but FS
Re: (Score:2, Redundant)
Wow! Something totally un-MS related and some fucktard still finds a way to slip it into the conversations. What a fucking zealot.
Actually I wrote extensively against Microsoft's DRM on FSX in number of places including the MS Flight Sim newsgroup at the time. It's the second hit if you type in FSX and DRM into Google. I totally hate that they killed off the franchise. Don't let reality get in the way of your anonymous name calling though.
By the way you should get a refund on your education. You clearly fail comprehension: You don't understand how a parody of FSX based on a movie is related to the topic of parodies of that movie.
You, sir, make those Jehovah Witness kooks look like mere amateurs.
Well
Ridiculous (Score:2, Insightful)
Some of these parodies should be in the Smithsonian.
Constantin Films, just like any other company run by idiots, certainly enjoys the free hosting of their movie trailers and whatever else they have to promote their stupid movies.
this is the what intellectual property means: (Score:5, Insightful)
the impoverishment of our culture
no story, no art, is ever original. it all borrows or reinvents or reinterprets something that came before. and if the thread of our cultural output is artificially taxed strained and stamped out for demands for cash, then all of us, all of our lives, are less rich for that
maybe content creators would understand that parodies like this downfall clip actually create interest in the original, and are really just a form of advertisement. instead, imagine all the culturally relevant art that we will never see and can never see the light of day because a greedy selfish system would rather lock art behind lock and key, where it earns no cash, rather than let it get out there and bloom, and create more art, and create more COMMERCE
art, music, movies, all creative output has the unique property of being richer when it is allowed to flow freely and freely intermingle. why do we have to lead less rich cultural lives only because some fucking trolls in the bank vault can't see that? that if there were no such thing as intellectual property, the ancillary streams they could tap in the free flow of cultural output would be richer sources of cash than their feeble and failed approaches to control what they cannot and will never be able to control?
Re: (Score:2)
maybe content creators would understand that parodies like this downfall clip actually create interest in the original, and are really just a form of advertisement.
Too true. Youtube and these parodies must have driven rentals and sales of the DVD through the roof.
Re: (Score:2)
Re: (Score:2)
Posts like this deserve more than +5
Re: (Score:3, Interesting)
I'll admit that intellectual property kills culture a little bit. Right after you admit that unbridled sharing kills culture a lot more.
Besides, as you pointed out, leaving these clips up could be a form of advertisement. The only problem is if the free advertisement ends up being a substitute for the non-free whole package. So, the concept of intellectual property, and sharing small portions (or small parodies) of the work, are far from mutually exclusive.
Re: (Score:2)
Ayn Rand never talked about company owned copyright, IIRC. Now, she did discuss copyright itself, and supported lifetime of author plus 50 years. However, I doubt she would have supported the idea of corporation owned copyright, and if she did, she probably would want it treated as if the author had 'died'. So a corp has 50 years to play with the material.
sounds like a bad business decision (Score:5, Interesting)
Sure, hardly anyone posting a youtube vid will be interested in licensing the scene. It's short sighted to consider only that aspect, and think of it as lost revenue. This meme is a big one. If properly nurtured, it could ensure future rental revenue in the way that only cult movie status can.
I also only --and legally-- rented the movie after watching the Xbox Live parody. The movie was a large international success upon its release, but it didn't make my radar. The parodies are can be so funny because the banality of the fake subtitles is so incongruent to the remarkably powerful acting.
My thought process went from "this is hilarious" to "wow what a great scene... I need to watch this movie".
Re: (Score:2)
Just this minute I showed my GF a Downfall parody. It was her first. The first thing she said after it was over was "Wow, that looks like Downfall is an interesting movie. We should get it."
I can only conclude the the guy that thought Takedowns for Downfall was the same guy who thought "New Coke" was a good idea.
Re: (Score:2)
I can only conclude the the guy that thought Takedowns for Downfall was the same guy who thought "New Coke" was a good idea.
You're right if you mean pure genius! Both are free advertising on top of free advertising. I had never heard of Downfall until they sent their takedown notices, now I've watched this parody _and_ I kind of want to watch the movie.
Mine's still up (Score:5, Informative)
I received a "Notice of potential infringement" from YouTube very soon after posting this one [youtube.com] a week ago. The video, which had initially been accessible, was pulled from the site.
There was an option to appeal the takedown notice, and I filled it out, providing as a reason "Parody is a recognized fair use under US copyright law." I'm actually not sure if you can play the fair-use card when using the content owner's IP to mock an unrelated subject, but in any event, the appeal seemed to be accepted by YouTube, because access to the video was restored within a few hours.
So, for what it's worth, if your video gets pulled by Youtube, try filling out the appeal form.
Re:Mine's still up (Score:4, Informative)
So it sounds as though you're going to want to read over 17 USC 512(g), which covers this sort of thing.
Long story short, the idea is that if material is taken down due to a DMCA notification, which service providers (including YouTube, given how that term is defined in the law) obey in order to be protected from lawsuits regarding things other people do with their service, it can be put back up in a way that continues to protect the service provider. But the two opposing parties are made aware of each other so that they can hash the issue out in court, possibly with the court ordering that the material be taken down again.
Here's the relevant subsection:
Re: (Score:2)
There was an option to appeal the takedown notice, and I filled it out, providing as a reason "Parody is a recognized fair use under US copyright law."
That's a common misconception, largely due to the press doing its usual poor job of reporting Supreme Court decisions (Campbell v. Acuff-Rose Music, Inc.). An accurate statement of the law is that parody may be fair use. Basically, the district court said parody was fair use. The appeals court said it wasn't. The Supreme Court said it could be--it's one of the things you consider when considering that nature of the work, and send the case back down to the district court to try again.
Glad they got on that before anybody saw them.. (Score:2, Funny)
Der Untergang (Score:5, Informative)
I saw the original movie, Der Untergang [imdb.com], which is its original German name, in my German Studies class in high-school, and recommend it to anybody interested in more than just Godwin's Law. Watch it. Must See.
Re:Der Untergang (Score:4, Interesting)
It is indeed a fantastic film, highly recommended.
Being married to a German, having lived in Berlin for seven years, and with both my kids having been born there, I have long felt that it's absolutely incumbent upon me to really try and understand what happened in 1930s and 1940s Germany, rather than continuing to hide behind the simplistic "we won, you lost, you killed lots of Jews, Germans are bad" attitude that was drummed into most of us growing up in the UK in the 1960s and 1970s.
That's not to condone or forgive anything at all, but it's important that we understand why a deeply civilised nation went so catastrophically off the rails in the first half of the twentieth century, if only to look inwards and ask ourselves, each and every one of us, what would it take for me to go down a similar road. Only then, I believe, can you try and avoid it. Again, it's too trivial to say "never" without thinking about it: we're all human and all capable of extreme actions in extreme circumstances, I believe.
In that regard, Der Untergang is a truly crucial addition to the literature (be it written or visual) on this very important topic.
EFF's own parody video... (Score:3, Informative)
The clip:
http://www.youtube.com/watch?v=PzUoWkbNLe8&feature=player_embedded [youtube.com]
Re: (Score:2)
That was great. I almost burst into tears of laughter at the line about Stallman.
Anyone have a link to the Cloud Computing Episode? (Score:2)
Send them an email and let them know how you feel! (Score:3, Informative)
In related news... (Score:3, Interesting)
Hitler's relatives sue Constantin films for copyright infringement of his private conversations while in the bunker.
Tie to Gov't Publication Service, Please? (Score:2)
Earlier today I saw this most worthwhile project by Google to publish Government takedowns and data requests:
http://news.slashdot.org/story/10/04/20/197254/Google-Enumerates-Government-Requests [slashdot.org]
Now this article makes me ponder...
Open Letter to Google/YouTube:
I can totally dig that the volume of possible copyright infringement -- and hence the volume of takedown notices -- on YouTube is enormous. So large that automated processing is effectively required to keep compliance costs at a manageable level.
So how a
Hitler finds out about the death star. (Score:2)
http://www.youtube.com/user/RockoTDF#p/a/u/0/ZTEQmipAvIM [youtube.com]
420 (Score:2)
Seems an appropriate date for this story.
This comes at a very bad time (Score:2, Funny)
Because a parody video of Hitler as Steve Jobs discovering the loss of the iPhone 4G prototype just must be made.
I thought I'd find you holding his leash (Score:2)
Wow - holy overreacting Batman (Score:2)
The "Hitler reacts to iPad's release" was one of my all-time favorite parodies. I simply can't believe Youtube removed it. Hey, Google, you're smart guys, this move is wholly out of character.
Lawyers with time on their hands (Score:2)
Monty Python did this right (Score:3, Insightful)
http://news.slashdot.org/article.pl?sid=08/11/19/201255 [slashdot.org]
See plenty of their clips (legally & for free) here:
http://www.youtube.com/user/montypython?blend=1&ob=4 [youtube.com]
Since the director of the film apparently *likes* the parodies, why not organise a competition, with a YouTube channel for the winners?
Yipee, instant good karma for the movie industry, (for a change), instead of this Streisand effect boomerang.
All the parody clips will be back, or posted elsewhere, within minutes anyway....
These are not parodies. (Score:3, Informative)
In reality, the bunker scene depicts Hitler reacting furiously to the news that the war is lost as Soviet troops close in on Berlin. The internet parody leaves the video and audio intact, but replaces the subtitles with Hitler reacting to ridiculous every day events, like having his xBox live account canceled, or finding out that Michael Jackson died.
I don't see how this qualifies as parody when the only thing changed is the subtitle text. The clips are humorous when done well, and an argument might be made for fair use, but this is not parody. Parody requires imitation, whereas this is closer to annotation.
Re: (Score:3, Funny)
Identifacition?
Really?
What? That's a perfectly cromulent word that embiggens us all.
Re:JUST LIKE THE NAZIS! (Score:5, Funny)
Re: (Score:2, Funny)
Re: (Score:3, Interesting)
That's why I do speak up when they come for the fascists [wikipedia.org].
Re: (Score:2, Funny)
No, that was "JewTube".
+1 Correct (Score:2)
These automatic content detectors CANNOT evaluate whether or not the content is used under Fair Use. AFAICT, they have no copyright-based justification for removal of these videos. If this is in response to anything DMCA-related, the video submitters can strike penalties against YouTube or the complaint party if this is a bogus takedown of protected content, right?
Incidentally, I had no idea what the name of the parodied move was until this /. story. I've wanted to check it out.
Re: (Score:3, Informative)
I'm pretty sure the production qualities of the original are not a factor in determining fair use. There's amount and substantiality of the part of the work used (which is based on the whole movie, not the clip), effect on market for original work (zip or net positive), purpose of use, and nature of the work. Parody i
Re: (Score:2, Informative)
The legal definition [thefreedictionary.com] of "parody" is:
A form of speech protected by the First Amendment as a "distorted imitation" of an original work for the purpose of commenting on it.
The key words (from both our definitions) are "imitated" and "imitation". The work in question is not an imitation. It is an exact copy with some minor modifications. I should also point out that the work in question was not providing any type of commentary on the original.
Now, there may indeed be some fair use protection provided by the four factors [cornell.edu] outlined in the law, but nevertheless, this was a bad example that they themselves created. More convincing would have been
Re: (Score:2)
Re: (Score:2, Interesting)
Re:Mirror of "Hitler Finds out his videos are remo (Score:2)
So, do you spell your name Sairam or Sariam (it's spelled both ways on your story's page). Doesn't matter, I guess. It'll be gone soon enough.