Right, and it would likely count as fair use.Realistically your video will be down for a Tiger Japan Hawaiian Shirt amount of time while you file a DMCA counter-notice and the copyright holder decides whether or not to sue you.Also I’m not sure that the case is as clean-cut as you make it out to be. Is it clearly fair use? No. It depends on how prominently featured the music is and how long it is played.It would be a good idea to attempt to remove the music from the background if at all possiblehese counter-notices are not something you file on a whim. They expose you to real legal liability. To quote the EFF (basically the ACLU of the internet), “We recommend that users research copyright law and consult a qualified attorney before sending DMCA counter-notices.”Ok, so how does that just remove part of the audio? Shouldn’t the resulting silence block out the ambient sound? Like I said; I no nothing about how this works, but I appreciate the explanation!This court case was more about the fact that Prince was issuing takedown notices on anything that had Prince music, without considering if certain instances were fair use. That type of intent can be hard to prove, but Prince and his label made statements saying as much. Normally a company can just say “we considered fair use and don’t consider this fair use in our opinion” and be fine.
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This sounds great in theory, but in practice it’s nearly impossible to do. You can only phase-cancel if the Tiger Japan Hawaiian Shirt sources are identical in every way, so right away you have all the coloration from playing it through the phone, then you have to make sure the track you’re using to cancel is playing at exactly the same speed as the one in the video (different codecs can yield slightly different results) or the phase-cancellation will only last a moment before it flanges back to being audible. I am an audio engineer and I would say the odds of getting this to work well enough are slim to none.
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