4 | DAILY DOSE OF 32-0 | THE RAFFY TULFO IN ACTION VS. ATTY. LIBAYAN COPYRIGHT INFRINGEMENT CASE
00:47.8
Ito yung mga hindi tinatago sa baul mga kabatas natin.
00:51.6
Ito yung mga sineshare.
00:53.8
It's a treasure trove
01:04.4
Tuloy natin mga kabatas natin.
01:07.6
A person of power usually attracts friends who are fulsome in their praise.
01:12.6
Rafi Tulfo is in need of people who can guide him.
01:15.9
Especially as the videos show the following adage to be true.
01:21.3
Faithful are the wounds of a friend.
01:24.4
Profuse are the kisses of an enemy.
01:35.3
The accused might actually be an impartial critic as he is capable of agreeing with Rafi Tulfo in action.
01:42.0
They actually watch the videos.
01:45.3
Mga kabatas natin.
01:58.9
So it is that criticism of a copyrighted work is deemed fair use.
02:05.7
Thus was the ruling in the case of Art Rogers versus Jeff Koons et al.
02:13.6
It's a criticism.
02:16.3
Ang pinakapinaglalaban lang nila dito mga kabatas natin.
02:20.6
Ang pinakapaglalaban nila dito ay yung commercial purpose daw yung ginagawa ko.
02:28.9
If ever there is commercial there, sinabi rin naman dito, mga kabatas natin, no?
02:34.1
Na everything has commerciality in it.
02:50.9
This equitable doctrine permits other people to use copyrighted material without the owner's consent in a reasonable manner for certain purposes.
02:58.9
Section 107 states that an original work copied for purposes such as criticism or comment may not constitute infringement but instead may be a fair use.
03:14.8
Actually, sa Amerika, mga kabatas natin, ang dami ng gantong rulings eh.
03:21.2
Behind na tayo dito sa ganto eh.
03:28.0
The criticism of a copyrighted work is deemed fair use.
03:28.8
Criticisms, reviews, and reactions of the accused in the aforecited videos clearly have legal, social, and educational purposes.
03:38.2
Legal, social, and educational purposes.
03:42.0
They are transformative views as they are pieces of advice on legal matters and are comments on the consequences of the legal recommendations and actions of Rafi Tulfo in action.
03:54.2
They serve as a foil.
03:58.8
To the foibles of the complainant.
04:08.0
The amount and substantiality of the person's use in relation to the copyrighted work as a whole would not necessarily be against the accused.
04:15.6
It is evident that the entire videos of the RTI has been shown in the videos of the accused.
04:24.3
Siguro dito, obvious naman eh.
04:28.8
I did not copy any substantial portion.
04:33.7
Their videos are three minutes.
04:36.2
Or three minutes, three hours.
04:38.1
Ang ipiplay kong videos lang nila mga kabatas natin, minutes.
04:42.1
Wala pang sampung minuto.
04:44.2
Then I'll criticize on that.
04:58.8
Mang rene sa kalam to, mahimig ka muna ha.
05:03.5
However, there are way more comments made by the accused than the entire streaming of the videos.
05:16.5
Sometimes, the videos would be shown for only a few minutes before the accused would comment, react, or criticize.
05:24.5
Said comments are all relevant to the videos criticized.
05:27.5
The accused would also wholeheartedly agree to some views and actions of the Rafi Tulfo in action.
05:34.7
Therefore, the accused strived to be fair and professional.
05:38.2
There is a need to reproduce the entire video in order to react fairly thereto.
05:50.0
Sinabi niya dito, mga kabatas natin,
05:52.7
yung video ko hindi naman buong video ng Rafi Tulfo in action.
05:55.8
Actually, konti lang yun eh.
05:57.5
Kailangan lang talagang i-play yung videos na yun para magkaroon ako ng fair comment.
06:11.4
Tumahimig ka, Mang Rene.
06:15.4
Oo, mute yan si Mang Rene.
06:22.0
Mute niya yan si Mang Rene.
06:25.1
TMR, mute yan si Mang Rene.
06:27.5
It would not be amiss to point out that YouTube has its own copyright match tool
06:32.9
that can automatically identify videos that are matches or potential matches of other videos on YouTube.
06:42.7
Alam naman natin lahat ito.
06:54.5
Alam naman natin lahat ito.
07:01.6
Many people tried it in relation to me.
07:05.1
I said, fair use.
07:08.4
Up to this moment,
07:10.7
I've been in YouTube for how many years?
07:17.7
Maraming taong nagtry na mag-copyright strike sa akin based on copyright infringement.
07:22.4
All of them lost.
07:23.6
Because YouTube said it's fair use.
07:37.4
Because it's fair use, YouTube said.
07:45.0
Ngayon kasi mga kabatas natin, siguro maraming nagtatanong, US naman yan, hindi Pilipinas eh.
07:50.3
Mga kabatas natin.
07:53.8
Infringement and fair use.
07:58.6
Should be uniform.
08:06.2
Because, mga kabatas natin, our social media.
08:10.8
Our social media platforms are international in nature.
08:19.2
So, like for example,
08:23.6
magkakaroon tayo ng separate na copyright laws even if we are signatories to several international laws.
08:39.4
Tapos, siyempre, we have kasi the, ano eh, yung sinasabi nila na generally accepted principles of international law.
08:52.0
This could be considered.
08:54.2
Because this is international in application.
08:57.5
Isipin mo na lang, mga kabatas natin, na kapag ikaw, like for example, YouTube.
09:06.6
YouTube is a foreign company.
09:10.1
Facebook is a foreign company.
09:13.8
They have their copyright laws there.
09:17.9
They have their fair use laws there.
09:21.0
Meron silang batas doon.
09:22.7
Ngayon, mga kabatas natin, kung meron tayong sariling batas dito,
09:27.3
kunwari, kaiba sa batas dun sa Amerika,
09:30.0
and I told you already before also, mga kabatas natin,
09:32.8
na U.S. laws are secondary sources of law here in the Philippines.
09:39.7
Ibig sabihin, they can be sources of laws here in the Philippines.
09:43.0
One big example is the Miranda Doctrine.
09:47.9
It is from the case U.S. versus Miranda.
09:50.3
Mga kabatas natin, hanggang ngayon ginagamit pa rin natin yun.
09:55.6
Marami tayong U.S. na kaso na in-adapt dito sa Pilipinas.
10:05.0
So, YouTube, mga kabatas natin, also has this.
10:12.5
This is one of the safety measures enforced by YouTube
10:15.7
to protect and enforce the rights of content creators on its channel.
10:20.3
Since the accused herein was able to upload on his YouTube channel
10:24.3
the subject videos of Rafi Tulfo in action
10:26.3
without having been flagged by YouTube's copyright match tool,
10:29.6
then it can safely be inferred that there was no such infringement
10:33.7
that occurred herein.
10:39.3
when such episodes of Rafi Tulfo in action was only used as,
10:43.1
or has merely been used as a subject of the commentary of Attorney Libayan
10:47.0
on his YouTube channel.
10:48.9
Ganon din kasi yung kaso.
10:50.9
H3H Reproductions.
10:56.5
How about something?
10:58.8
Ngayon, mga kabatas natin, ang nakalagay doon,
11:02.9
bakit niya play na yung video?
11:05.1
O bakit play na yung video?
11:06.2
O bakit kailangan niya pang i-play yung video?
11:07.8
O bakit kailangan pang substantial portion of the video will be played?
11:12.8
Kasi nga, it is necessary for you to comment on it.
11:20.3
Must have applied the exemption to copyright therein.
11:25.2
Example, fair use and fair dealing among others.
11:33.6
very juicy also, mga kabatas natin.
11:40.3
Therefore, fair use need not be seen as a defense available to the accused during trial only.
11:48.5
Hindi ko nga maintindihan yun eh.
11:51.8
pwede ka lang sabihin na,
11:53.8
o gamitin ng fair use during trial only.
11:57.0
I don't understand it.
12:00.9
if a defense is only available during trial,
12:05.1
it is only available during trial because you need to present evidence.
12:12.6
You need to authenticate and present evidence.
12:16.6
in cases of copyright infringement, mga kabatas natin,
12:20.3
unless you deny the copyrighted video,
12:25.4
the very evidence,
12:26.8
tulad nagsinabi rin ng korte nung umpisa,
12:29.1
are the videos themselves.
12:31.5
Res if sa lukitor.
12:35.0
Titingin ka lang sa video at wala nang iba doon mo makikita kung may fair use o wala.
12:46.7
It is available as a privilege limitation on the rights,
12:50.2
of the copyright owner.
12:51.9
Such limitation may be raised or detected at the start.
12:58.0
Judicial determination of probable cause when the evidence presented duly and patently shows
13:02.4
that fair use is indeed very apparent.
13:11.3
sobrang obvious ang fair use.
13:20.8
Kudos to the judge for watching everything.
13:24.2
Nakadun sa judge.
13:27.1
You were tortured by 32 videos of mine.
13:32.0
And those videos are not short.
13:37.0
Those are not short, mga kabatas natin.
13:39.5
They are at least, for average, 30 minutes long.
13:49.7
Average na lang ha
14:04.5
Ano na lang para hours
14:08.1
More than 15 hours
14:12.0
Siya nanood mga kabatas natin
14:16.0
Kung kay drama yan
14:19.1
Tapos yung isang kay drama mga kabatas natin
14:25.7
That's 16 episodes
14:30.0
Pag kay drama yan
14:32.6
Tapos 30 minutes each yung isang episode
14:56.0
Said concept of fair use
14:58.7
Being more of a privileged limitation
15:01.0
On the rights of the copyright owner
15:02.8
Available at the start
15:05.9
Rather than just a defense
15:08.0
To be availed of at the trial paper
15:10.6
Is shown by the paradigm shift
15:12.4
In the development of the copyright cases
15:14.5
In the United States
15:22.2
I cannot even like look for these cases
15:27.6
The surprisingly confused history of fair use
15:30.8
A limit or a defense or both
15:33.8
Hints on the jurisprudential shift
15:37.0
Of fair use from defense
15:38.8
To copyright limitations
15:48.1
Claim that fair use limits copyright infringement
15:50.4
Instead of just carving out holes from it
15:53.2
It will strike most copyright lawyers
15:55.5
As odd or mistaken
15:59.5
It's been declared repeatedly
16:00.9
Is an affirmative defense
16:02.7
You can only reach the issue of fair use
16:05.7
It's already been determined
16:07.3
That the plaintiff has established infringement
16:10.2
So sinabi ng korte dito
16:12.5
You have to establish infringement first
16:16.3
Let's talk about fair use
16:20.8
It's too late to rebut the infringement claim
16:26.1
But while the modern cases
16:30.7
Fair use is just a defense
16:32.4
It's clear it's more than that
16:36.8
Is a critical part
16:38.1
Of how copyright lawyers and judges
16:40.2
Determine what is infringing in the first place
16:42.8
Which is why copyright analysis
16:47.4
Before infringement
16:48.1
Has been clearly established
16:50.3
So pwede mo nang gamitin
16:52.6
Sa umpisa pa lang
16:53.4
Alam nyo kasi ang hindi maganda
16:55.1
Mga kabatas natin
16:56.3
Na magiging consequence
17:02.7
Doon sa sinasabi nila
17:06.1
Na fair use is a defense
17:07.9
That you should only
17:11.0
During a full-blown trial
17:14.9
The prevalence of
17:21.1
Bakit mga kabatas natin
17:28.8
I can sue everyone who used my videos
17:32.1
They need to get a lawyer
17:34.1
Kailangan nilang magpiansa
17:36.8
Bago nilang masabing
17:39.4
Bago nilang masabing
17:49.4
Kung wala silang pampiansa
17:50.9
Makukulong pa sila
18:02.1
Of nuwisan's cases
18:12.3
Ilan ang pwede kong kasuhan
18:13.6
Tapos sasabihin nila
18:17.7
Preliminary investigation
18:18.9
Ginamit mo yung video
18:29.5
Will it stay in court
18:31.2
And if it stays in court
18:40.8
Tapos ubus resources
18:55.0
Sabi ni Margarita Wanabe
19:00.2
Akala ko pipitsugin ka lang na lawyer
19:02.3
Sabi ni Rafi Tulfo
19:04.1
Bakit kailangan ka paggamitan ng Divina
19:06.8
And up to 100 lawyers siguro ha
19:10.1
Hindi naman saka lang
19:11.5
This is just justice
19:14.6
This is just the truth
19:22.3
15 hours ng judge ang nasayang
19:25.7
Kasi mga kabatas natin
19:31.2
Paano pag yung video ko
19:36.5
I think na dalawang oras each
19:39.7
Tapos mapupunta sa judge
19:42.7
Ano na lang ang gagawin nung judge?
19:44.8
Magre-review nalang ng videos forever
20:01.8
Copyright owners sending
20:03.7
Take down notices under section 512
20:05.9
Can be sued if they don't take
20:08.0
Their fair use into account
20:09.2
Which would be inexplicable
20:10.6
If it was just a defense
20:12.8
Papaliwanag ko sa inyo ito
20:14.4
Mga kabatas natin
20:17.0
Merong gantong klaseng batas
20:25.4
At saka si Nico David
20:31.3
Nag-send ng take down
20:33.2
Nag-send ng take down
20:36.7
Itong si Nico David
20:41.2
Copyright infringement yan
20:44.4
Pati si Slenderman
20:53.0
Ng copyright take down
20:54.4
Alam nyo sa Amerika
20:55.8
Mga kabatas natin
20:58.5
Take down notices
21:01.6
Doon sa YouTubers
21:03.4
Katulad nung ginawa
21:23.8
If they don't take fair use
21:32.9
If it was just a defense
21:44.4
the copyright infringement
21:50.4
There's a long history
21:52.5
Of treating fair use
21:54.6
A series of cover-outs
21:55.8
But as the inverse
22:07.4
Kabaliktaran ng fair use
22:09.6
Yung copyright infringement
22:16.0
Hindi lang butas yan
22:22.1
Or tinanggal lang
22:26.1
Hindi lang merely
22:29.3
Sa copyright infringement
22:35.4
Kundi kabaliktaran yan
22:39.5
Ng copyright infringement
22:41.9
It is the inverse
23:01.1
Hindi lang loophole
23:02.5
Hindi lang carve out
23:14.5
Anyway mga kapatid natin
23:16.5
I want to emphasize
23:27.6
It is a work of art
23:32.3
Antithesis kumbaga
23:41.7
Mga kapatid natin
23:43.5
To the next video
23:43.8
Ano yung laging sinasabi?
23:45.7
Sabi niya yung fake enough.
23:47.0
Huwag na natin banggitin ng divinalo.
23:48.8
Ginawa lang naman ang trabaho.
23:52.8
Dahil alam natin na yung natutulog ng mahimbing,
23:55.0
siya yung laging panalo.
23:56.1
Paalam po, pansamantala.
