I recently got into this amazing song called 'Sad Machine', and I have what I think is a really good idea for an AMV. My only problem is- you guessed it- copyright issues. I'd like to make it in my animation software and upload it to YouTube, but from what I've heard, it's hard to get a request for using a song in a video noticed, let alone accepted.
According to YouTube:
"1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. Commercial uses are less likely to be considered fair, though it’s possible to monetize a video and still take advantage of the fair use defense."
I think I may be covered here, since I do not have monetization enabled, and my idea completely different from the official video. Then there is this:
"Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies."
For what I have in mind, I don't think it would take away from its profitability.
I realize that without a visual of mine it's going to be tough to determine, so what I'm thinking is storyboarding then sequencing it to the song on another platform. Maybe then you could see what you think. I value your current input very much, though.