This is a reaction to Kendrick Lamar’s album ‘To Pimp a Butterfly’.
Let’s look at ‘fair use’… or ‘fair dealing’ as it is discussed in UK law with regards to a ‘reaction video’. First, let’s be fair here… the whole notion of a ‘reaction video’ is a relatively new concept and it is difficult for law-makers to evolve rules written for previous media. The definition of fair dealing will always be a matter of fact, degree and impression. Let’s examine the specific rules in UK law:
- Does my video affect the market for the original work? No. I talk over the music therefore no-one can ‘use’ my video as a direct replacement for the original work. It is not a substitute for it and it will not cause the owner to lose revenue. In fact it will likely increase revenue due to my ‘promotion’ of said work. Many have already stated they will buy albums due to my recommendations.
- Is the amount of the original work I have used reasonable and appropriate? Was it necessary to use the amount taken? ‘Reasonable’ is definitely subject to interpretation. I would argue that it is indeed appropriate to use the whole album when I am ‘reacting’ to the entire album. My reaction necessitates that I use the whole work.
- Where it is necessary to ‘copy’ all of a work for the purposes of criticism or review you have to sufficiently acknowledge the work. I do this every step of the way. At no point will anyone be under the impression that I created the original work!
Furthermore, my additions to the original work are transformative in nature.
posterity
Mr 6 I loved this reaction and I’m so happy you decided to listen to some Kendrick! This album is a masterpiece musically and lyrically, and in my opinion if you want to understand it to the fullest extent and get the most out of it I would suggest listening along while looking at Rapgenius.com as they have the lyrics as well as (usually) solid lyric analysis for some terms and phrases and references I’m sure are out of your range considering you aren’t a Black man from the U.S. I’d kill to see a video of that but even if not, I think it’s the best way to get the most out of the lyrics 🙂 thanks again for this series it’s wonderful!!