Comments on: ID this UI & Video Fair Use

Question: ID this UI & Video Fair Use

MaxVonCretin — Mon, 19 Nov 2007 16:25:02 -0800

Two Totally Unrelated Questions About THIS VIDEO. Not the content of the video, but the usage. 1) What flash player/UI is that? Perhaps I'm mistaken, but I feel like I've been seeing it not just on Gawker sites, but on many others. Is that a standard player UI that is built into Flash for output to .flv files? 2) Obviously this is totally unauthorized usage. Would this be considered "fair use"? Can anyone recommend any articles on the current state of fair use and online video? Are companies like Gawker and Huffington Post (example) on firm legal ground with this kind of excerpting, which they then host in their own systems/servers, or are they just gambling that the web is so anarchic, that Mr. Big Media Company won't come a suin'?

By: TeatimeGrommit

TeatimeGrommit — Mon, 19 Nov 2007 17:06:06 -0800

Fair use hasn't stopped anyone from suing before. I don't think it would in this case either. At a minimum they'll get a cease and desist if they don't have permission.

By: DarlingBri

DarlingBri — Mon, 19 Nov 2007 17:10:17 -0800

IANAL. However, I am pretty confident that Gawker, Huffington & Co can use video and/or images under the Fair Use Doctrine, specifically as "a review or criticism for purposes of illustration or comment." Which is exactly what that example is IMHO.

By: meehawl

meehawl — Mon, 19 Nov 2007 17:27:53 -0800

It's "newvideoplayer()" function calling VideoModule.swf. Seems quite popular.

By: drjimmy11

drjimmy11 — Mon, 19 Nov 2007 22:31:49 -0800

the player is made by a guy named Jeron Wijering. it's very good and he licenses it very cheap (10-100 Euros), so a lot of people, including Youtube, use it.

he lets you skin it, but some people keep the default controls, which is what you see on gawker.

By: MaxVonCretin

MaxVonCretin — Tue, 20 Nov 2007 07:32:24 -0800

Thanks all!