YouTube analysis

This is my analysis of YouTube video clips.
http://www.youtube.com/watch?v=BMIcCY1mB3E">Video #1

Purpose and Character:

The purpose and character of this clip is the broadcasting of his/her friend's innovative wedding procession. The original purpose of the wedding processional was largely for the entertainment of the audience; the recording was intended to extend the entertainment value of the procession to the YouTube viewing community.

The question: did the wedding procession derive its routine from the music or did it seek to co-opt it for personal gain? Given that the content of the music is romantic in nature, their decision to use it as a backdrop for a wedding routine fits with the original intent of the music. It meets the need for the promotion of the public good and does not garner a profit from it. In my estimation, this situation falls under the Fair Use doctrine.

Nature of the Work:

As a published song, the work is already in public dissemination. While it does not communicate facts, it communicates commonly expressed emotions. Therefore, since the wedding party was staying true to the fundamental nature of the work, their use of the music again fall under the Fair Use doctrine.


Amount and Sustainability:

On this point, the video is clearly more sketchy. It uses the song in its entirety. Since even samples need to now be licensed, the wedding party's use of the song wanders into the category of copyright violation.

Effect on Work's Value

This is regarding whether this kind of use of the song would undermine its value, if such usage were widespread. To the contrary, this kind of widespread usage would make the song more popular and therefore increase the musician's marketability. On this point, the song falls under the Fair Use doctrine.

Video #2
http://www.youtube.com/watch?v=lOfZLb33uCg&ob=av2e">Video #2

Purpose and Nature:

This Weird Al Yankovic music video is intended to parody "Gangster Paradise." Since it is derivative of the original music video and not transformative of the original material, Weird Al's work falls under the Fair Use doctrine (though Weird Al always gets the approval of the artists before he makes a music video).