Ok, so I wasn’t originally going to make a post on my thoughts on whole IHE situation going on right now, but this needs to be said.
If you don’t know what’s going on, let me explain. There is a YouTuber called “I Hate Everything” that makes various “I hate” videos along with a series called “The search for the worst”. Recently, IHE uploaded a video on the film “Cool Cat Saves the Kids” by Darek Savage. A short while later, IHE’s review was hit by a DMCA from Savage himself. IHE tried to resolve peacefully, but Savage quickly made legal threats.
What Savage has been doing is unacceptable. It’s bullying and goes against what his character, “Cool Cat”, stands for. As a YouTuber myself, this angers me to no end. Savage claims the law is on his side, but he’s wrong. Lets look at section 107 of the Copyright Act of 1976:
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work."
IHE’s review falls under this category and thus is perfectly legal. So no, Mr. Savage, the law isn’t on your side.