Legal Eagle

I constantly see people on Youtube and around my College blaring out the Phrase "Fair Use Act" when they make videos, be it for class or "entertainment" reasons. The issue I have with those who constantly hide behind this part of the USA Copyright law is they have never read it....

Face it most people who make videos now have some sort of disclaimer on them...

Copyright 1999 - 2009 Jagex Ltd. Jagex is a registered trademark of Jagex Limited
in the United Kingdom and a trademark used in other countries of the world.

OR

I do not claim, or have any, affiliation with RuneScape. Runescape is owned by JaGeX Ltd. I do not claim to own any music used in my videos, they are owned by their respected artists. My videos were not intended for any personal gain, only for entertainment purposes. All comments by others are their own and I do not take responsibility for their actions. Consider this, free advertising.
http://www.runescape.com

OR

Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."

Now below is the main article the kid above "copy and pasted."

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

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Now I love how people just happen to forget that last line... People think that because they slap the fact that they don't own something means it's OK to use it and there video can never be "taken down".

For me, I will never put these disclaimers on any of my videos as they do not effect anything. They will not stop Jagex or other companies from claiming what is theres. If you think it does, welcome to the real world, here it does not.

If you do not know Ill Pun Ill one of his classic videos was removed because "James" claimed it. Since I do not know what Pun uses to record his videos and such I can't tell if that was the reason it was claimed. Although the best course of action is to contact Youtube and counter his case, that is if Pun thinks he has the legal higher ground.

If you have any legal questions feel free to write a letter to the address below, all standard postal fairs do apply:

U.S. Copyright Office
101 Independence Avenue SE
Washington, DC 20559-6000
(202) 707-3000