disney movies are made to entertain its viewers, and to also teach them valuable life lessons through it. The video that Eric S. Faden created using clips from these films, made it so that he was teaching, but he was also teaching in an entertaining and unique way.
On the topic of being unique, Eric S Faden’s video does in fact, make something entirely new and unique from the original disney movies. The disney movies all have their own stories and worlds to them, while Faden’s video mashes them together to teach about copyright and fair use. He was not in any way giving away parts of the movie.
Next, The market harm.
It doesn’t exist here. The remix video does not substitute for the original Disney works in any conceivable market. Eric S. Faden’s video doesn’t make any profit, it’s a non-commercial video. It does not take money away from the disney movies, nor does it affect disney financially in any way. Disney is a huge, popular organization known for it’s lovable movies and characters.
Next, the amount used. As we know, Disney has many, many movies. Each movie is at least one hour and thirty minutes long. Eric S. Faden’s video, however, is only ten minutes long. Faden uses many of the same clips over and over again throughout the video, and each clip that he uses is only about a second long, some may be more. He even mixes in artwork he was given permission to use. Based on this, we can give an estimate that Faden used less than 1% of the disney movies.
Lastly, there’s the fact that the video takes no more than necessary to accomplish the transformative purpose. It also takes clips from a range of disney movies. Thus, making it even more of a usage of fair
use.
Eric S. Faden should not be sued for this video. It follows fair use: it doesn’t take away the value of the originals, it doesn’t show key points of the originals, it creates something entirely new, he used the video to teach others, the video’s purpose changes little from the purpose of the disney movies, he only used a small amount of the films, and he didn’t use any more than what what he needed to get his point across.