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We Have Done the Impossible and That Makes Us Mighty

Buffy vs. Edward Fan Mashup Wins Copyright Struggle With Lionsgate, Gets Back Online

In 2009 Jonathan McIntosh made a six minute long video by splicing together clips from Twilight and Buffy the Vampire Slayer (and just a tiny, tiny bit of Harry Potter and the Goblet of Fire), where Edward Cullen finds his vampire instincts turning his affections towards Buffy Summers, and he bites off quite a bit more than his fangs can properly chew. At the time, Summit Entertainment had better things to do than shut down cleverly made internet videos with millions of views and a Webby nomination, but everything changed when the Fire Nation -

No, I mean. Everything changed when Summit Entertainment, and therefore The Twilight Saga was acquired by Lionsgate a year ago.

That’s when his battle with the snarl of internet copyright infringement law in the US began. From the Daily Dot:

But after Lionsgate acquired Twilight in 2012, McIntosh went down a rabbit hole of copyright wrangling. In October, YouTube informed him that his video “may have content that is owned or licensed by Lionsgate,” and that it may start placing ads on the video. That indeed became the case, even though, as McIntosh said, “I always turn all ads off on my remix videos and never profit off them.”

YouTube offers a counterclaim system, which McIntosh used, noting that Twilight footage constituted less than a third of his video, essentially asking Lionsgate to admit their claim was a mistake. The company almost immediately rejected that counterclaim, meaning that McIntosh needed to file a formal appeal. He enlisted a lawyer, New Media Rights’s Art Neill, to write it.

He won the claim that the audiovisual elements from Twilight in his video were under the terms of fair use, but Lionsgate made a counterclaim against the use of their visual material content, and won, succeeding in getting the video removed. At this point McIntosh found out the company had issued a Digital Millennium Copyright claim against him, affecting his entire YouTube account. He lawyered up again, and yesterday Lionsgate admitted that their claim of copyright infringement was bogus, restoring Buffy vs. Edward and the rest of his videos to viewability. Which sounds pretty annoying and expensive, but even worse if McIntosh’s primary source of income was his YouTube channel, as is the case for no small number of people.

Why don’t we all give Buffy vs. Edward a celebratory watch?

(via The Daily Dot.)

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  • Anonymous

    Cute, but with just a little bit of effort they could have used just about any commercial grade editing software to smooth the continuity, just by applying filters to make them appear to be in similar lighting and colored surroundings.

  • Terence Ng

    I think it’s fine and the disjointedness is part of the hilariousness of it.

  • Terence Ng

    I never noticed the Cedric Diggory parts before. Love it.

  • Chanel Diaz

    That Remix was better than All the Twilight Movies Combined, which really, really makes me Wish Bella was a More Interesting Female Character.

    Sad about that Copyright Dispute, I Always thought ‘Parodies,’ or Original Material Highly Manipulated With, were Easily Exempt from such Copyright Claims. But, then, there’s that whole “Sue-Happy Corporation” with the “Power to Make Up New Rules Through the Best Lawyers Only THEY Could Afford.”

  • Anonymous

    Almost as good as the time Blade dreamed of killing Edward.

  • Deborah Jones

    Why would they even bother, though? It should have been obvious to them that this constitutes fair use. Or maybe they knew that but figured he wouldn’t put up a fight.

  • Abel Undercity

    Well, I’m sure if he wanted to do it again he’d use whatever newer tools he has and techniques he’s learned since. But after all this I think one ride on the roller coaster is enough.

  • Anonymous

    Actually he states on his channel that he left the colours that way intentionally, as it highlights the different mood techniques used in the two franchises. I think it adds an extra layer.

  • Sophie

    The second one. These companies make claims like this all the time and figure people won’t be able to fight them since not many can afford a lawyer to fight back. This sort of action particularly peeves me off because it’s not uncommon to see large companies stealing copyright material from independent artists and using it on their products, because again it’s difficult for these artists to fight back. They don’t care about the law they just like to throw their weight around.

  • acauldronofteeth

    Yeah, yeah, but we ALL know Edward couldn’t have gotten into Buffy’s bedroom without an invite, so what’s the deal Jonathan McIntosh? ;)

  • Anonymous

    This is bloody brilliant and makes me think maybe I should give Buffy another chance after all! Maybe my memory is crooked? :p

  • Murph

    The way Intellectual Property works is active defence. If you discover your property being used without permission, and make no effort to to assert your ownership, you can lose the copyright protection and the income you derive from ownership. Just the way the law is set up, you don’t need to impugn the motives of the corps. Should it be easier to licence ‘fair use’, especially in this sort of situation? I think so, in fact I wish more people would point out to the corporations that an easy to comply with system already in place to shelter this type of creative work would make it a lot easier to show due diligence to the shareholders without the risks and bad publicity suing the creators of these type of ‘sampled’ works entails. Even better, a system that would allow creators of I.P. to licence this type artistic creation on behalf of the sampler would make more sense and be more just than the current legal framework. As to property stolen from independent artists, again ease of defence is an issue. If you can defend your work with a dictionary of legal terms and copies of the relevant statutes, independent artists would benefit. But you don’t create legislation with conspiracy theory. Since this is an important issue for you I urge you to get involved. Talk to your representatives, find like minded people and groups and get to work shaping the world. Honest people using the political process created the liberties that built this country, and honest caring people are needed to make sure the necessary maintenance is done to keep our civilization running.M=)