Comment Re:That's the way the cookie crumbles (Score 3, Interesting) 455
In the US this would almost certainly be considered 'fair use' because it is commentary on OP's original work.
The US four factors test for fair use is largely met:
Purpose: The authors of this video have added significant commentary that was not present in OP's original work.
Nature: They are using OP's video not as a creative work, but as statements of facts to support their commentary.
Portion: They used a large percentage of OP's video, but not all. This might be an item in your favor, but since this video is low res, they used as little as they could to make their point.
Market: They are not likely to have reduced the commercial value of OP's video.
So this seems to me that this is 'fair use' of OP's video. The commentary they present is certainly utter rubbish, but the law allows people to use evidence from original works as evidence for their arguments, even rubbish arguments.
OP has already posted a comment that attests that this is an unauthorized use of his original video. That taints the authors and their message. I am not sure that any further action improves the situation.
The US four factors test for fair use is largely met:
Purpose: The authors of this video have added significant commentary that was not present in OP's original work.
Nature: They are using OP's video not as a creative work, but as statements of facts to support their commentary.
Portion: They used a large percentage of OP's video, but not all. This might be an item in your favor, but since this video is low res, they used as little as they could to make their point.
Market: They are not likely to have reduced the commercial value of OP's video.
So this seems to me that this is 'fair use' of OP's video. The commentary they present is certainly utter rubbish, but the law allows people to use evidence from original works as evidence for their arguments, even rubbish arguments.
OP has already posted a comment that attests that this is an unauthorized use of his original video. That taints the authors and their message. I am not sure that any further action improves the situation.