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Originally Posted by Billi
For me personally this is not so much a case of copyright infringement or not but simply of bad behaviour and impoliteness.
It really doesn't take so much efforts to write a letter/email to this french band beforehand and inform them that he used the song in a lecture and wants to put the lecture on Youtube and thus is asking for permission. There will be very very few copyright owners who would refuse such a request.
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There are accepted 'fair use' guidelines for using a part of a song or when quoting from a book by another person. As long as the person using the material stays within that % of the whole then it's generally accepted that no such letter/email is needed. For example I could have a character in a book sing part of the 1st line of "Battle Hymn of the Republic" without having to worry (assuming it is/was still in copyright) about having to get permission first. If I was putting together a book of Hymn's on the other hand I'd have to make sure that each separate hymn was either out of copyright or that I had permission to use them because I would be printing up copies of the entire hymn. To me it smacks of more impoliteness to issue a take down order of something when it is within the standards of free use. If someone writes a 100 line poem and someone else quotes 5 lines of that poem in a youtube video it isn't copyright infringement. It's fair use since 5 lines would be only 5% (I'm not sure what the limit is on amount, though shorter seems to be better). 2k words out of a 10k article wouldn't be fair use (20%), but 2k words out of a 500,000 word work would probably be ok as it would be such a small amount (.4%)
The factors use to determine such are as follows:
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The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
Well the Prof. use was as part of a lecture.
The nature of the copyrighted work
It was a song in this case
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
I haven't seen the video and don't know how long the song is but if it's a long song and he just used 1 or 2 lines he should be in the clear.
The effect of the use upon the potential market for, or value of, the copyrighted work
If he just quoted a small bit it might actually lead someone to want to seek out a copy of the complete song I would think.
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