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Transformative Content
The use of copyrighted work is likely to be fair use if it is "transformative," or includes content that has a new expression, meaning, or message. In this project, I transformed the expression of copyrighted music to obtain its legal rights. The outcome was an educational video, showcasing how ChatGPT interprets music.
Details
Role
Creator, Editor
Tools
YouTube, Excel, Notepad, CapCut
Premise
Challenge
When assessing fair use in the United States, judges check if the material (1) is transformative, (2) involves factual content, (3) includes small samples, and (4) generates profits for copyright holders. However, transformative material holds more weight in court. Examples include criticism, commentary, news reporting, teaching, scholarship, and research. To claim fair use on YouTube, I had to create fresh content using copyrighted material.
Solution
I chose to produce an educational video illustrating how ChatGPT interprets music. This would transform the expression of the copyrighted work, by creating a new context for the material, and thus make a case for fair use.
Approach
I completed this challenge in 3 phases: I conducted research, produced an educational video, and assessed fair use.
Research
Tracing The Patterns
To demonstrate ChatGPT's decision-making process, I simulated a game of charades where ChatGPT had to describe songs using only words and contextual information. I believed the results would show ChatGPT's ability to engage in word association and abstract thinking, which are good measures for interpretation. The final output was approximately 453 words.
Production
Converting Text to Media
Once I completed the analysis, I had to display the results in a video. However, manually adding over 400 words to a video would have taken a long time. Instead, I used the caption feature (available on most video editing software) to upload these words in bulk. By creating a SRT file, I was able to specify the order and timecode of each word.
Adjusting Timecodes
As I edited the SRT file, I had to calculate the timecode for each word, but couldn't find a generator online. In response, I reverse-engineered a formula on Microsoft Excel that helped me generate timecodes as needed. With this tool, I was able to make each word appear for 2 seconds max.
Finalizing the Video
Despite the hurdles, I produced a 17-minute educational video, containing 453 words, 1 licensed song, and 7 copyright-free songs.
Assessment
Copyright Status
YouTube flagged the video for copyright issues related to 'Home' by Toby Fox, granting me the opportunity to dispute this claim.
Justifying Fair Use
​I submitted a formal dispute letter to YouTube, ​outlining why my video qualifies as fair use. I offered a detailed explanation of the production and ideation processes, emphasizing that the video provides educational content and thus embodies the principles of transformative work.
YouTube's Verdict
Despite my substantial efforts to practice fair use, copyright holders disagreed with my claims. According to Materia Music Publishing and UACRR_CS, using music for educational purposes was insufficient or invalid evidence to prove fair use. However, it is important to note that my application of fair use was exclusively transformative and did not take into account all fair use factors.
Conclusion
Findings
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Fair use is not an exact science; the final decision can be influenced by individual perspectives and subjective definitions.
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Copyright holders on YouTube determine fair use, rather than US courts.
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The process of transforming original work might be similar to that of remixing or collaging.
Key Takeaways
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Transformative material can strengthen, but cannot always prove fair use.
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Obtaining the rights to intellectual property involves a complex legal process that is beyond an individual's control​.
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