At 7/5/22 12:06 AM, tox wrote:https://www.newgrounds.com/portal/view/848963
I do not think that we should flag this submission
the ONLY standing point that I can say in favor of removal is that shazam is able to pick up what song it is within the 5 seconds... and if a robot can pick up what it is inside of a 5-second clip... then there is grounds to remove because there is enough to be recognized
but the content, usage of the song and idea presented, I believe for a few reasons that it should remain up
> The length of time that the song plays is too short to *legitimately* be considered against the rules
In the Movie Guidelines, there's this rule:
You must credit and have rights to the music in your submission, or be using music that grants rights freely. Your favorite song from the radio can't be played here.
Where does it mention the length of time or the percentage of the song used?
In addition there's this section that shows up on Under Judgement movies/games.
"If you believe this submission contains unlicensed music (for example, a song from the radio), please flag it as such! Newgrounds is unable to host this sort of material and it puts us at risk."
> the implications of the user going outwards into the net and then getting other outlets on us/Newgrounds for the forceful removal of this specific content could be a powder keg that would be far more detrimental than allowing it to exist and fade into the background
Are you trying to say that removing stuff with unlicensed music would lose us traffic? You should probably word that better / touch up on that in better detail because I have no idea what you're trying to describe here.
I think what you're going for is that the burning flags animation is (or should be) protected under fair use, which has four main factors:
1. the purpose | 2. the nature | 3. the amount of work used | and 4. the effect on the work used.
That animation uses 12 seconds of 'American Idiot' but the author transformed it a little to change the words / meaning, and it's also not used commercially, so fair use could apply.
Unfortunately, companies can and will twist or ignore fair use and will still try to get stuff taken down regardless. Unlike YouTube, which has enough resources to be able to settle such claims, Newgrounds cannot, so fair use is ignored here so that there's zero chance of any legal shenanigans.
Better safe than sorry!
