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Here’s my original video released on Dec. 22, 2018: https://youtu.be/p2WGRRiXVNs
Here’s MatPat’s video released 8 days later on Dec 30, 2018: https://youtu.be/Db-tuTCsoWU
Hey LegalEagles! We’ve got an interesting case here! In one of the most ironic videos of the year, MatPat cribs my analysis regarding the copyright lawsuit that was filed by 2 Milly, Carlton (aka Alonso Ribeiro) and BackPack Kid against the makers of Fortnite. They allege Fortnite of stealing their dance moves. MatPat appears to have taken my analysis of their claims of stealing.
Very meta. It’s a Fortnite Dance Controversy, Controversy!
Don’t get me wrong, I actually like MatPat’s video. I enjoyed his in-depth analysis of the economics of Fortnite and his discussion of all the additional dances that are found in Fortnite that are not currently part of the Fortnite Dance lawsuits.
But given that he appears to crib from my analysis, it would have been nice for him to provide some attribution! On YouTube, we’re not competitors; a rising tide raises all boats. So if he had mentioned my channel or put a link to my original video in the description, YouTube would have sent some love my way, and given his channel a boost for recommending me. There is no reason to “subtweet” on YouTube.
In fact, at one point in MatPat’s video he even calls out my analysis for being too wishy-washy: “Other channels that have covered this issue say ‘well it’s unclear; it’s too close to say’ but that’s the cheap way out my friend.” That would have been a great time to mention that analysis came from actual attorney, LegalEagle. We're all on the same team on YouTube!
So it's not copyright infringement (I don't own the ideas behind the analysis), just a jerk move.
BTW, here are some other lawyers on YouTube who also do good work. Check them out:
Leonard French, your “favorite” copyright lawyer: https://www.youtube.com/user/ljfrench009
YouTuber Law: https://www.youtube.com/channel/UCJgUkWtBuxh-2jK0aBWoSXw
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All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).
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