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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question regarding posting copyrighted material on

Resolved Question:

I have a question regarding posting copyrighted material on youtube.
I have had my video blocked by the copyright owner, but I am wondering if there is an argument around fair trading / fair use.
Esentially I took a 50 minute tv show and re-edited it to 25 minutes. The show in question is Thunderbirds which was originally planned as a 25 minute show, but was never completed this way and this video was part of a personal research project to recreate one of the shows as it may have originally been created. The 25 minute versions do not exist.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

The test applied in Court, is this - would a customer be confused between what you have done and the copyright holder.

Alex Watts :

If the answer is yes then this is passing off.

Alex Watts :

Therefore if a customer could be confused with the work you have done, even re-editing and think its the real thing then sadly you can't use it.

Alex Watts :

Based on what you have said, I am sorry to say that my view is that it is likely to be breach of copyright,

Alex Watts :

The name, characters and even models are subject to copyright.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks. That's what I figured. Question though, I see full episodes of the djow simply posted on youtube - chopped up into loadable 5 or 10 minute chunks. But how are those OK?

Alex Watts :

Well the copyright owner may not have found them!

Alex Watts :

But again these are subject to the same laws.

Alex Watts :

Or indeed they may be authorised.

Alex Watts :

Does that clarify?

Customer:

I guess so. My video is half the length of the original and if you played it side by side with the original it would clealry be different. I'm also not making many money off this....I know I am clutching at straws here.

Alex Watts :

Indeed. I am sorry but that's not a reason I am afraid.

Alex Watts :

Well your honour I wasn't making any money. Judge: So what?!

Alex Watts :

I am sorry

Customer:

Thank You for your help.

Alex Watts :

Sorry its not better news.

Alex Watts :

But if this does answer your question can I ask you to rate my service before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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