WEBVTT

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when the world's first copyright law was passed in

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1710 I can't even imagine that the British Parliament would have ever

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envisioned people flinging pirated copies of movies all over the Internet

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whatever that would have seemed like thousands of times every day yet that's

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exactly what eventually happened and seeing as many of our copyright laws

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were meant for the preyers space era the

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way the copyright Works online is often

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quite messy now we hear at Techquickie aren't lawyers uh that's not entirely

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true John our writer did graduate from an American law school but anyways we

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can help clear up some of the misconceptions around what you can and

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can't do online at least legally anyways

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although today's episode is based around us copyright law similar Concepts exist

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in many other countries as well so one of the main reasons that copyright laws

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even exist is to encourage people like musicians software developers and game

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designers to come up with creative stuff

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I mean do you think that Mark Wahlberg would have starred in that awful movie

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The Happening if there wasn't a copyright holder there to cut him a fat

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paycheck so perhaps it isn't surprising

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that usually when you hear a news story about a high-profile copyright case it's

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where some copyright infringer either made tons of money off of bootlegging

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copies of something or where some big shot movie studio comes after someone

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for cutting into their profits by Distributing one of their films for free

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even if the infringer isn't making any money but let's assume that like most

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people you aren't running a huge bootleg operation and are concerned about

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whether you can do something like share a screenshot from a movie on your blog

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or play a song in the background of a Youtube upload this is where fair use

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comes into play and a really important concept that's misunderstood by a lot of

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people in a nutshell most kinds of creative work including songs books and

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the angsty poems that you wrote when you were a 16-year-old scene kid have an

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automatic copyright that applies as soon

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as they're created but that doesn't mean no one else can ever use them fair use

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helps keep people from getting sued for copyright infringement as long as

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they're using stuff well fairly but what

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constitutes Fair that's a pretty subjective question that courts use

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several factors to answer but generally speaking the most important one is

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whether you're costing someone money by how you're using their stuff even though

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any reproduction without permission of a

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copyrighted work is technically

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infringement even if you're just reposting some cool picture you found as

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your Facebook cover photo that being said if one day you get a nasty letter

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from someone's lawyer you can probably

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assert fair use if you're you're not affecting someone's bottom line on the

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other hand simply posting something with a disclaimer that the content isn't

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yours doesn't automatically make it fair use if you're seeding a torrent of a

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copyrighted song fair use will not save you from the wrath of a recording studio

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even if you say this isn't mine I'm not

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making money off of it since people are just going to download the song anyways

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for free instead of paying for it on iTunes or wherever else the company will

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see it as they hit to their bottom line whether or not that person would have

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bought the song at all or not this concept also comes to play if you've

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ever spent any time reading or writing fanfiction it's pretty popular for a

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fanfic writer to put a disclaimer at the top claiming that they they don't own

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the characters but since copyright law also gives the right to make derivative

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Works to the original creator for example a movie book or game sequel It's

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theoretically possible for fanfic writers to get in trouble with

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Publishers though many authors notably JK Rowling of Harry Potter Fame have

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given their blessing to fanfic writers so long as they're not trying to sell

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their stories and of course content creators are under no obligation to let

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people use their stuff even if they aren't making money off of it but at

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least the way we think about laws in an age where anything can be uploaded in a

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matter of seconds seemingly they're catching up to reality even if the

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process is a bit slow one appeals court in the US recently ruled that fair use

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should not just be a legal excuse for

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infringement but instead a right that shouldn't constitute infringement at all

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after Universal issued a takedown notice after a woman uploaded a 30-second clip

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of her kids dancing to a print song meaning it may be the case soon where

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major companies have to actually think before just flagging everything they can

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we've also seen the proliferation of sites that use things like Creative

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Commons licenses to allow for free reuse

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of lots of different types of content Wikipedia is a good example of this and

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we've also seen the end of heavy-handed lawsuits from entertainment industry

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associations against people who shared one or two songs often unwittingly but

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even though the powers that be seem to be trying to make it a bit easier for

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folks who really aren't intentionally doing anything wrong do be careful about

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what you share or host online and remember not to buy Game of Thrones

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episodes on USB sticks from that dude that hangs out in the alley behind

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Arby's it's just it's just not safe

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freshbooks is on a mission to make Freelancers less stressed and more

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going to freshbooks.com Techquickie and entering Techquickie

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in the how did you hear about a section thanks for watching this video guys if

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you want to see more videos on how technology and law kind of interact with

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each other leave a comment Down Below on that and any specific subjects of that

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that you would like to hear about also like the video dislike the video get subscribed check out this channel super

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fun thing it's cool and stuff and I'm

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going to go away but this isn't low enough so I need to keep

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going am I gone now okay that's good