Also as far as I'm concerened they should be considered fair use. At best they might convince someone to actually watch the whole thing, so whos loss is it anyway?
Regardless, that user doesn't go on tiktok to search or watch the movie, it just comes up in their fyp.
That user was never going to buy that movie, he might of never heard of it, but now there's a chance he might go watch it on one of the million streaming platforms.
It's the equivalent of people zapping between channels and finding something to watch.
Streaming platforms and co don't have this kind of discoverability, they should consider releasing clips themselves.
It is not fair use to take any amount of a copyrighted work and reproduce it arbitrarily.
While fair use involves some amount of unauthorised copying, this is secondary to the primary purpose - such as news reporting, reviews(e.g. criticism), teaching and research etc. Additionally fair use only covers the amount necessary to inform. You can't take a film, splice it up and call it research.
Fair use explainers are available at the links below. For ordinary people it's worthwhile understanding your rights and the boundaries of those rights.
https://www.copyright.gov/help/faq/faq-fairuse.html
https://copyrightalliance.org/education/copyright-law-explai...
https://www.hollywoodreporter.com/business/business-news/par...
Like a LARGE amount of Twitch's "Just Chatting" consistent of people watching YouTube with their chat and not offering anything constructive ontop of it.
It's not clear to me if that's occurring here though :)
Has anyone ever even seen Quibi content? As far as I can tell, they had the piracy locked down perfectly .. meaning nobody ever posted any clips of their shows. So nobody knew about them, nobody watched them, and nobody paid for Quibi.
You must not have been looking in the right places. As far as I know all their shows made appearances in places where they could be downloaded. It just wasn't compelling content and it had the misfortune of launching right when the covid lock downs started, so their target demographic wasn't out watching on public transportation.
Fair use, to me, is anything but clear on that topic. It specifically talks about "Amount and substantiality of the portion used in relation to the copyrighted work"[1]
It then generally says "If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely."
But then gives counter-examples that don't match that theme at all.
> Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
They also score really low here:
> Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
Using the exact same clip can be fair use or copyright infringement based on what’s surrounding it. A long discussion of camera angles in movies using the clip is one thing, the clip by itself is very different.
AFAIK, it seems like entire movies are being split into 40+ parts and uploaded to TikTok, no just "short clips taken from movies". That doesn't really seem like "fair use" to me.
Full movies have also been on youtube since a long time. But TikTok = chinese = bad, youtube = american = good. /s