Uploaded March 2009 | Updated September 2026, 3 weeks ago
This video is in response to Melsbasketcases video in which she asks whether Stephen King had to get permission to use song lyrics in his books and whether she MUST get permission to use other peoples material in her videos on Youtube.
youtube.com/watch?v=Z8lm43xGZOM
The Purpose of Copyright Law:
youtube.com/watch?v=rCtDQ6W_HAY
In Playbov Eneterprises v. Frena, (M.D. Fla. 1993), the Court determined that an internet Bulletin Board Service operator could be held liable for copyright infringement for material posted on his site EVEN THOUGH HE HAD NO IDEA THAT THERE WAS ANY COPYRIGHT INFRINGING MATERIAL ON HIS SITE!!!!
loundy.com/CASES/Playboy_v_Frena.html
There is irrefutable evidence of direct copyright infringement in this case. It does not matter that Defendant Frena may have been unaware of the copyright infringement. Intent to infringe is not needed to find copyright infringement. Intent or knowledge is not an element of infringement, and thus even an innocent infringer is liable for infringement
Section 107 of the copyright law:
copyright.gov/title17/92chap1.html#107
. . . the fair use of a copyrighted work . . . is not an infringement of copyright.
Section 108 (f)(4) of the copyright law:
copyright.gov/title17/92chap1.html#108
(f) Nothing in this section — (4) in any way affects the RIGHT OF FAIR USE as provided by section 107
(I capitalized the key part for emphasis.)
This video is in response to Melsbasketcases video in which she asks whether Stephen King had to get permission to use song lyrics in his books and whether she MUST get permission to use other peoples material in her videos on Youtube.
youtube.com/watch?v=Z8lm43xGZOM
The Purpose of Copyright Law:
youtube.com/watch?v=rCtDQ6W_HAY
In Playbov Eneterprises v. Frena, (M.D. Fla. 1993), the Court determined that an internet Bulletin Board Service operator could be held liable for copyright infringement for material posted on his site EVEN THOUGH HE HAD NO IDEA THAT THERE WAS ANY COPYRIGHT INFRINGING MATERIAL ON HIS SITE!!!!
loundy.com/CASES/Playboy_v_Frena.html
There is irrefutable evidence of direct copyright infringement in this case. It does not matter that Defendant Frena may have been unaware of the copyright infringement. Intent to infringe is not needed to find copyright infringement. Intent or knowledge is not an element of infringement, and thus even an innocent infringer is liable for infringement
Section 107 of the copyright law:
copyright.gov/title17/92chap1.html#107
. . . the fair use of a copyrighted work . . . is not an infringement of copyright.
Section 108 (f)(4) of the copyright law:
copyright.gov/title17/92chap1.html#108
(f) Nothing in this section — (4) in any way affects the RIGHT OF FAIR USE as provided by section 107
(I capitalized the key part for emphasis.)
