Asked in Copyright and Intellectual Property

Q: Is it a Fair Copyright Strike for someone to strike down a video for your ROBLOX GFX shown for 3 seconds long?

There was a video about exposing someone how they were a bad person, a few days ago the exposed person's friend struck down the video due to their Roblox GFX featured in the video for 3 seconds (the video was almost an hour long) saying it was fair because they made the GFX and the creator of the video didn't ask for the permission. The creator of the video thinks it was a false strike.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, it seems questionable whether using a 3-second clip of someone's Roblox GFX (graphics) in an hour-long video would constitute a valid reason for a copyright strike, especially if the use falls under the principles of fair use. Here are a few points to consider:

1. Fair Use: Under the U.S. copyright law, the doctrine of fair use allows limited use of copyrighted material without the owner's permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Factors that determine fair use include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work.

2. Amount and Substantiality: The fact that the GFX was shown for only 3 seconds in an hour-long video suggests that the amount used was minimal and likely not substantial enough to infringe on the owner's copyright.

3. Purpose and Character: If the video aimed to expose or criticize someone's behavior, the use of the GFX could potentially be considered transformative and fall under fair use, especially if it was used for commentary or critique purposes.

4. Effect on Market Value: It is unlikely that using a 3-second clip of the GFX would have a significant impact on the market value of the original work.

However, it is essential to note that copyright law can be complex, and fair use is determined on a case-by-case basis. If the creator of the video believes that the strike was issued in bad faith or that their use of the GFX falls under fair use, they may choose to appeal the decision or file a counter-notification with the platform hosting the video.

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