-For the Uncensored!
Fair Use is a term that for me as a writer, is called plagiarism. To me, fair use is taking a variation of a hit popular song and using a slight riff or sample to help your song become recognizable. But Fair Use is what many youtubers will use in order to make content. Content is such a strange word in general. It sounds like I’m picking up my prescriptions that don’t come in on time. As an artist, I never used the wod content personally to describe my content, in general. The dispensary idea of plagiarism is the key factor in many artists existence. But fair use is often used when a youtubers are using pieces of a video to respond to make reaction videos. People are influenced by their favorite artists. They aren’t free from sin in that sense. But the contentious idea is then presupposing that everything is “fair use” and originality is a case to be made.
Fair Use can’t be applied to originality claims. Because if the person already exists, like if a youtuber is making a response video that might try to assassinate his character, he’ll use clips in order to elaborate/denounce his enemies claims. The strategy of fair use and originality is that naysayers will always claim that there art is being stolen, but then the fair description of fair use becomes muddied by the claims of thievery or plagiarism.
Fair use, in the literary world, is when a writer can quote Shakespeare because of the fair use term. But YouTube is doubly censorious about what is exactly fair use. Maybe if you’re using a quote from a dead philosopher, maybe that falls under fair use terms. But for present day youtubers to be suing one another creates a healthy exchange of who is exactly original and why should fair use be even applied to “content creators.”
But this is the debate. To be called original is often a commentary on how jaded people will say, “Well no one’s original. Just steal and you’ll get famous.” To my response is “no fucking thank you sherlock. If and when the time that originality is being called to my name, I don’t want it anywhere that you certainly are.”
Besides if you are an original, go online to https://eservice.eco.loc.gov, and fill it out. It will save you a lot of time and heartache.
What is destructive is that fair use doesn’t exactly lend itself to originality. If you’re constantly stealing and borrowing from dead or living authors, and it’s not quoted from the character’s point of view, or at least at the front of the book, with the right quote, and the authors name, it does create a valid argument of how using sound effects and other material isn’t going to help your craft or build up your own personal identity.
Having an identity in your art takes a lot of effort. Reaction videos aren’t meant to be original either. It’s creating a youtuber’s own narrative and then commenting on what his opponent has to say. Sometimes the creators are speaking over gameplay and talking about a recent subject in the news.
And having an identity away from cultural politics, to be an artist, away from what others thinks, separates the drawer and the tracers. Maybe the two are completely different terms that can’t be measured in the same Bunsen burner, but the condition is simple.
To claim fair use over every single piece of a person’s art is not exactly fair and nor should it make you free from lawsuit. But being original, away from the cultural politics realm, is like a horse running across the plains. To be free and away from what others think. It’s lonely, but being original means being ignored, and accept your position in life.
But you don’t have to take everyone’s shit either.
The golden rule for me is: “Don’t start shit, but don’t take none either.”
The same with life and art. Sue when you have a case, or send a cease and desist letter through a lawyer. Also copyrighting your work will help solve your problems, too.
-Louis Bruno is the author of more than 19 books, including, The Michael Project, The Michael Project: Book 2: The Lost Children of Eve, Thy Kingdom Come, The Disintegrating Bloodline (and the original text re-released in 2019), Apocalypse Soldier, The Data Chase, Selection: The First Book of the Life and Death Saga, and Blinking Eyes: The Second Book of the Life and Death Saga, Hierarchy of Dwindling Sheep, The City of Sand, To the Moon and Back, The Villain Lives and The Villain Lives: The Divided Pinpoint, Come Home, Young One. He has a Bachelor of Arts in English from University of Phoenix. His books can be found on Amazon, Barnes and Noble, Lulu. He can be found on Gab, https://gab.com/thereallouistbruno, Minds https://www.minds.com/lbruno8063/. Instagram @lbrruno8063 and @louisbrunoofficialbook. Our Freedom Book https://www.ourfreedombook.com/thereallouistbruno17. He has written for the Intellectual Conservative and Ephemere. His next series, City of Sand is out now:https://www.lulu.com/en/us/shop/louis-bruno/city-of-sand/hardcover/product-rke9jz.html?page=1&pageSize=4. Also, if you can’t subscribe so that you can get members only content, please be sure to share the articles, as well. If you do Subscribe and pay, as well so you can get my articles in your inbox every time, and access to the paid articles that some readers won’t get to see. Every little bit helps in the war against Big Tech. Thanks for reading.
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