Uploading purchased (edited) music to YouTube Say that a hobbyist DJ purchases CDs, digital tracks and what are known as mixtapes (free music) and slows them down or things like that. If that DJ wants to share the result of this, is it legal to upload and try to monetize it? Let's say that the DJ also places small sample noises to signify that it’s their work.
No These are derivative works and making them is copyright breach. Doing this as a hobby or even for the entertainment of friends in private is likely fair use. Distribution or performance in public (monitored or not) is likely not fair use and you would need a licence. Here is a summary of the relevant law in australia.
"I understand that a transcript of a podcast or video is a derivative work, and only the copyright owner can authorise creating a derivative work." You've answered your own question, at least for the US and Berne Convention (Wikipedia) signatories.
The question that you need to answer is whether, when you embed, you "copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content". It seems that you have done that, i.e. you didn't just "watch". The next question is whether you have "prior written consent of YouTube". Youtube requires a license from contributors granting users the right to "access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service". To fill the gap, you have to determine whether your act of embedding is permitted by the Youtube TOS. Their TOS states §2A that "The Service" includes the YouTube "Embeddable Player". It also says §4 YouTube hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: (A) You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player). On the face of it and as long as you do the stuff that follows in B-I, you have complied with that requirement and therefore you have written permission from Youtube.
The following answer is based on US-law. I am not a lawyer; this is not legal advice. If the book you read is in the public domain* you should be fine. Otherwise what you are doing is copyright infringement and probably not protected by fair use**. One of the rights granted to copyright holders is to control derivative works, and transference to different mediums, which is what your recordings would be. Under US law, whether an instance of copyright infringement is fair use is evaluated on a case-by-case basis, weighing four points: the purpose and character of one's use the nature of the copyrighted work what amount and proportion of the whole work was taken the effect of the use upon the potential market for, or value of the copyrighted work In my non-lawyer evaluation, point 1 depends on what you do in your video (unless you monetize your Youtube video, in which case it is likely to be decided against you), but if you are merely reading the book out aloud, it is unlikely to be in your favor (although it may not be against you as an &quot;educational tool&quot;). Point 2 depends on what is being read, with a informative work (e.g. a textbook) being more likely to be fair use than a creative work (e.g. a novel). Point 3 depends on how much and what proportion of a work you use; since you are presumably reading a whole book, this would most likely be ruled against you. Point 4 would almost certainly be decided against you, as you are essentially creating an unauthorized audiobook. In summary, you can read a book aloud. You can record your reading of it for your personal use. You should NOT upload it to Youtube, or other sharing sites. *Note that different countries have differing rules on when a book enters the public domain, and since the internet crosses borders, multiple rule sets may apply.
Unless the game is out of copyright, e.g. chess, snakes and ladders, Go, or checkers, your software would probably be considered a derivative work of the copyrighted game and an actionable infringement. The fact that you do not monetize it is not a defense. You would need written permission in the form of a license agreement from the copyright owner to do this legally. The penalties for violating copyright laws in this way could be punishingly serious.
Some MP3 technologies are still under patent in the US: you can read the wiki page on that matter to see if it is applicable to what you intend to do. This assumes you write your own code – if you use someone else's conversion software, that would depend on the licensing terms for the software.
I think the law there is quite clear - you have 14 days to return the goods for a full refund, except for digital content, which you can't return once you started downloading it. That's what it says. The arguments that you try to give were quite obvious to the law makers. I think you can assume they were aware that "digital content does not have a physical form". Now if you purchased, but haven't downloaded or started downloading yet, then obviously you can get your money back. You came up with some theory that this is a "visual vanity item". You can't see it unless you download it. Once you download it, that's it. If you don't download it, you can return it. Let me repeat this: Your fancy analogies mean nothing. There are in the EU laws about being allowed to return goods for a refund. There's the general rule for buying in a store (no right other what the store offers voluntarily), online purchases (some days to return), and online purchases of digital goods (no return once you started downloading). That's the law. Your attempts at redefining the situation are totally pointless. The law says what it says. What you try to redefine doesn't mean one thing. The law clearly distinguishes several situations, and analogies don't count. What happens counts. You bought from a digital item from an online store that needs to be downloaded. And as soon as you start downloading, there is your right to return it gone. And your reasons for wanting to return the goods are completely irrelevant. You don't need any reasons, and having reasons doesn't help you.
You may be allowed to make a single backup copy, pursuant to 17 USC 117 it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:... (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful Congress defined "computer program" as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. At most, you could make one copy of a given CD, as long as you don't use it except to restore the original if it is damaged. Although data is not typically thought of as a "computer program", the definition of "computer program" given by congress is compatible with the nature of music CDs. It's a somewhat open question whether the courts would decide that the insides of a CD player is a "computer" (it is, with extremely limited abilities), and Congress did not define "computer" for purposes of copyright. There does not appear to be any clear case law testing whether it is legal to make a single backup copy of a music CD, so it is possible that a music CD does not meet the conditions of a "computer program". The RIAA position on the matter about 10 years ago, based on the statement of the RIAA president, was It’s OK to copy music onto an analog cassette (not for commercial purposes), it’s OK to copy music onto special audio CD-Rs, minidisks and digital tapes (but again not for commercial purposes). Beyond that there’s no legal “right” to copy the copyrighted music on a CD onto a CD-R, but burning a copy onto a CD-R or transferring a copy onto a computer hard drive or portable music player won’t usually raise concerns so long as the copy is made from an authorized original CD that you legitimately own and the copy is just for your personal use. However, this does not constitute giving permission by the copyright holder, even if the company distributing the work in question is a member of RIAA. Along these lines, in a document filed with the copyright office on behalf of the industry, pertaining to DMCA rule-making, it is maintained (p. 39) that "The making of back up copies for personal use has never been held to be a per se noninfringing use", and "As the Register made clear in her 2003 Recommendation, “it is not permissible to classify a work by reference to the type of user or use.”" (you can't just say "backup" and gain a fair-use defense). In other words, it's not clearly legal, and it's not clearly illegal. Clarity would come if a person was sued for making a backup copy of music CDs (with no muddying of the issue, such as "and then selling it"). For non-legal reasons, it is unlikely that a case law test will emerge.