Well Ive just done the scary second round of appealing a claim against my Nasties Review: Possession video. This is what I had to write The video, The Nasties Review: Possession is a work of criticism and intended as an educational piece to compliment the original work (Andrzej Zulawskis Possession). 2 minutes and 31 seconds of unaltered footage is used in sections of the video to illustrate and comment on the material which amounts to around 2% of the run time of the film. Other than that, other footage which is relevant to the discussion of the film Possession is physically altered (transformed) by virtue of the narration over the audio. Further to this the video (The Nasties Review:Possession) as a complete item, is tranformative in its nature, it imparts new meaning through the commentary and analysis of the film. It also does not compete with the market for the full film as it has only a small amount of the films images within, indeed it is intended to bring the film to peoples attention and hopefully get them to watch it. The video is also not monitised, it is not commercial in nature, I placed no revenue generating ads or the likes on the video. Works of criticism are both protected under Fair Use in the USA (The Digital Millennium Copyright Act 1998 Fair Use Clause, 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use) and Fair Dealing (Copyright, Designs and Patents Act 1988) in the UK and I believe this claim infringes on my rights as laid out in these clauses if not internationally, certainly in these territories. Please feel free to contact me if you have any further concerns. On a personal note I believe the video I created not only compliments the film, rather than replaces or diminishes it in any capacity, but I think it brings an important and special film to the attentions of those who have not had chance to enjoy it. I am not your enemy here, I have not stolen from you and hopefully we can come to some arrangement. Thanks and Kind regards Lets see what happens....
Posted on: Thu, 22 Jan 2015 20:07:08 +0000
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