With specific reference to the VIDEO (herein) entitled:- 10ch Visual_Audio (EDUCATIONAL_VIDEO)
Consideration for FAIR USE of original works in respect to:- The Law of Fair Use provision in Copyright Acts.
This HAS BEEN ASSESSED & CONFIRMED – in respect to the determinations & staues contained within:-
The FAIR USE sections of the USA Copyright ACT
FAIR USE FOR EDUCATIONAL PURPOSES ONLY – “IS” HEREBY INVOKED
The reason that MUSIC (content) is contained within this VIDEO:-
IS BECAUSE THIS VISUAL_AIDE (TO EDUCATE) RELIES PRIMARILY & SOLELY OPEN
USING (VISUAL_AUDIO) LIGHTING – instead of audible_speakers
(And as such – cannot be attained without an audio “sound_source” present – AT ALL TIMES)
This visual aide is PRIMARILY & SOLELY DESIGNED – to demonstrate 3D_Audio “properties” – WITHIN ALL MUSIC.
VISUAL_AUDIO – CANNOT BE SHOWN (IN ORDER TO EDUCATE) WITH ANY AUDIO_CONTENT REMOVED.
This demonstrator “only” utilises a DELIBERATELY LOW VOLUME, LOW QUANTITY (low SPL level) distant audio.
Attained from a REMOTE sound_source (being) located in a DIFFERENT ROOM
Completely separated – from where the CELLPHONE video_recording WAS MADE.
The “musical” SIGNAL SOURCE – was required – in order to provide the ELECTRICAL LIGHTING PULSES
Via the use of a secondary (auxillary) SHARP CD-S370 Amplifier – to enable:-
SAID VISUAL REPRESENTATION ONLY – (and purely) – FOR SIMPLIFIED “WORLDWIDE” EDUCATIONAL USE.
Although seldom invoked outside of academic circles, As Fair Use
(ALL the necessary portions of “protecton” of works – ARE COVERED AS PROVIDED – within the ACT)
The FOUR “main” factors considered in a fair use analysis – ARE_COVERED (in this case).
(Hereby- these are NOW explained below):-
The fair use “provision” is explained IN FULL and covers ALL the four factors as used in making THIS determination of fair use.
The Statutory Decree 107. Limitations on exclusive rights: Fair Use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work,
including such use by reproduction in copies or phonorecords or by any other means specified by that section,
for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research,
is not an infringement of copyright.
In determining whether the use made of ALL work in THIS particular case is a FAIR USE – use of the factors considered include:-
1/- The purpose and character of the use
= THIS use is for (purely) nonprofit EDUCATIONAL purposes ONLY;
2/- The nature of the copyrighted work
= This is of EXCEEDINGLY LOW VOLUME – (recorded in mono via cellphone video)
= & AT A DISCREET & SUBSTANTIAL DISTANCE – with OVERTALK – to negate ANY COMMERCIAL copying – by OTHERS.
3/- Where the amount and substantiality of the portion used in relation to the copyrighted works
= These being (three) INCLUDED PURELY AS A SINGLE_PLAY “NON_ADULTERED” TRACK
= & ARE THUS ALL REQUIRED IN PART &/OR IN FULL (AS OBTAINED).
4/- The effect of the use upon the potential market for or value of the copyrighted work
= IS ACTUALLY INCREASED – AS THIS FAIR USE NOW SHOWS THESE TO BE BETTER THAN ORIGINALLY UNDERSTOOD;
5/- The fact that THIS work is DELIBERATELY unpublished
shall not in itself bar a finding of fair use, if such finding is made upon consideration of all the above factors.
Main_Factor 1 –
Purpose and Character of Use
This first factor HAS BEEN TAKEN into account by the following sub-factors.
1/- PURELY FOR EDUCATION AS A COMPLETE WORK & for non-profit educational purposes “only”.
2/- Preamble IS OVERTALKED FOR EACH AND EVERY REASON (within this creation) TO PROVE EDUCATION NECESSARY
3/- Criticism of the work IS NOT DEROGATORY – but in fact BENEFICIAL – to the original works “TRUE_VALUE”
4/- All_Comment is STRICTLY LIMITED
TO ENSURE THAT ONLY THE VISUAL CHARACTERISTICS OF (true) 3D_SURROUND_AUDIO ARE BEING USED FOR EDUCATION
5/- News reporting is expected to be UPON THE VISUAL ASPECTS ALONE – & DONE BY (reputable) NEWS AGENCIES WORLD WIDE
6/- The “derivative work” IS FOR (both) LAYMAN & PROFESSIONAL MUSICAL INDUSTRY TEACHING PURPOSES ONLY
7/- Scholarship & Research of this “profound” subject – HAS BEEN ACHIEVED IN NEAR PEFECT SECRECY – SINCE 1965.
8/- THERE IS NO – Degree of Transformation – as that IS NOT the intended PURPOSE of the inclusion of the “WORKS”.
(ALL) These sub-factors ARE COVERED – by the FAIR USAGE ACT
The 1st sub-factor involved:-
As the new work was created primarily – FOR A NOT FOR PROFIT – “EDUCATIONAL_PURPOSE” – ONLY.
While not at all determinative, this test indicates that preference SHOULD be granted to THIS work
Which was “created” using THREE (3) musical works – INCIDENTAL TO THE PRIMARY PURPOSE OF EDUCATION,
Was thus created for non-profit educational purposes ONLY.
The 2nd sub-factor
IS FOR ONE OF THE PURPOSES THAT ARE MENTIONED IN THE PREAMBLE OF THE FAIR USE PROVISION.
It should be noted that THE ABOVE DETERMINATIONS USED – WERE DELIBERATELY SELF_RESTRICTIVE.
Thus, the burden of showing fair use HAS BEEN EXPLAINED – as the work is for one of these purposes.
The 3rd sub-factor:-
Being the degree of transformation accomplished by the new work
IS NOT REQUIRED – AS NO TRANSFORMATION WAS DESIRED – NOR WAS ANY UNDERTAKEN
In other words, this sub-factor HAS BEEN COVERED (& determined) by VISUALLY SHOWING:-
That the new work merely DEFINITELY ADDS A VISUAL NEWNESS,
With a further purpose of ENSURING THE ORIGINALITY OF CHARACTER, (HITHERTO UNKNOWN),
And thereby RETAINS (all of) the ORIGINAL WORKS expression, meaning & message.
THUS IT DOES NOT DETRACT – BUT INCREASES THE TRUE VALUE OF EACH ORIGINAL WORK – IN IT’S ORIGINAL STATE
Main_Factor 2 –
The Nature of (all) Copyrighted Work is acknowledged bt the fact that THESE works are simply more deserving of copyright FAIR USE than others.
As these are VERY WELL KNOWN – in their lessor ORGINAL forms, they as such:-
ARE ALSO INCREASED IN THEIR EDUCATIONAL VALUE – (for said education purposes).
Consequently, this portion of the test HAS determined this work as BEING in the spectrum of worthiness of FAIR USE IN EDUCATION.
Main_Factor 3 –
The Relative Amount and substantiality of the copying in relation to the work as a whole:-
WAS ALSO CONSIDERED & AS ANY ALTERATION OF LENGTH OR AUDIO/VISUAL CHACTERISTICS WITHIN THE VIDEO
COULD HAVE BEEN CONSIDERD AS DELIBERATE TAMPERING OF THE VISUAL EDUCATIONAL EVIDENCE
Their entirety HAD TO BE INCLUDED.
Thus the Amount Taken, & Quality of Utilized Work, along with the Amount Taken to Utilizing these Works,
Also has ALLOWED the critical determination of the the quality and value of the materials used are reasonable in relation to the purpose of FAIR USE.
This test PROVED that using a whole work MUST FULLY qualify for fair use in this circumstance.
Therefore, the quantity, as well as the quality and importance, of the copied material HAS BEEN considered.
AND IT WAS DETERMINED – that “no more was taken than was necessary” – to achieve the (stated) VISUAL EDUCATIONAL PURPOSE
(for which the materials were copied).
Main_Factor 4 –
The effect upon the (true) Potential Market value of ALL these three (original) works
HAS THUS BEEN INCREASED – beyond & above ANY previosly considered
And as such:-
The NEW WORK HAS INCREASED THE VALUE – TO THE ORIGINAL ARTIST(s)
& cannot be determined as detrimental to the VALUE of copyright.
This fourth factor REMOVED the extent of harm to the market or potential market of the original work caused by the infringement.
THUS CREATING NO HARM – to (either) the original, or (to) the derivative works.
Imbedding code (for your website): 10ch Visual_Audio (EDUCATIONAL_VIDEO)
And look trev.!!!
Here’s an 845watt “virtual” (output_total) #25ch #62speaker #analogue #surround #sound #audio #system- as well
(running as this is _JUST_ “all” powered .. from two “OLD” 25w / ch “2ch” stereo amps of TOTAL power= 100W)
Funny that eh.?
Plus..To “make” it really interesting… this video uses FREE AUDIO .. which is licenced for “audio swap work”
Onto videos that either have no audio — or “need” a free to use audio track..
Here.. this is HOW that plays.. “inside” a 25ch ANALOGUE surround sound system
(AND FOR EDUCATIONAL PURPOSES TOO)
It’s called ? “bootstrapping” — Ur “old” (analogue) 2ch amp’s – the easy way.!
Imbedding code (for YOUR website):
And for those.. whom just gotta have “more” (oh sure).!
… Here’s the “pop_out” (player) code:
(neither of these youtube “running” videos wanna work here — as I can’t format Xanga’s player properly apparently)
But isn’t it time .. U came “over” to my (other videos) place…?