FUA - Fernando Farinha - Belos Tempos PORTUGUESE FADO KARAOKE VR

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We have formally submitted this fair usage application and dispute for all works on this channel marked “FU” (Fair Usage).

Fair Use Provisions and Eligibility
Under the Fair Use provisions of Section 107 of the Copyright Act, the use of karaoke content is justified as lawful on several well-established principles. Karaoke content is inherently transformative, educational, inclusive, and often involves elements of parody. Critically, it does not harm the market value of the original work; instead, it serves as a promotional tool, introducing the music to broader and more diverse audiences, including those with various disabilities.

Transformative Value
Karaoke content fundamentally transforms the original work. The synchronisation of lyrics to music provides a unique educational and interactive experience, enriching the original composition. It does not replicate the work in a consumptive way but reinterprets it to educate, entertain, and enable participation in music. This transformation adds significant value and encourages appreciation of the artist's original creation.

Educational Impact
Karaoke is more than a mere form of entertainment; it is a profoundly educational tool. It helps individuals learn to sing, practise musical timing, and engage with language in a structured, rhythmic form. Beyond music education, karaoke enhances reading skills, supports language learning, and has therapeutic value, offering physical and psychological assistance akin to swimming with dolphins. This activity is beneficial to individuals, especially those with learning or developmental challenges, by fostering interaction, expression, and inclusivity.

Accessibility and Inclusivity
A core benefit of karaoke is its inclusivity. By synchronising lyrics with music, it becomes accessible to the Deaf and hard-of-hearing community, allowing them to engage with songs through vibrations and visual cues. This use promotes equality and provides opportunities for those who might otherwise be excluded from fully experiencing music. Making music accessible in this way is a powerful argument for the fair use of karaoke.

Absence of Market Harm
Karaoke does not pose a threat to the original artist's market. It is primarily an amateur activity, embraced by individuals for fun and social engagement. Rather than replacing the original work, karaoke serves to promote it, drawing attention to both the music and lyrics. In fact, it can inspire new appreciation for songs, often elevating the lyrics—which are typically overlooked—to a place of prominence. This added focus on lyrics can even deepen listeners' understanding and admiration for the song’s artistry.

Promotion and Market Benefits
Karaoke acts as an ambassador for music, introducing it to audiences that might not otherwise engage with it. By providing exposure, it amplifies the artist’s reach, contributing to greater music consumption and generating interest in the original recordings. It is, therefore, not an infringement but a means of promotion that can lead to increased music sales and a broader fan base.

Addressing Common Misconceptions
While karaoke is sometimes associated with light-hearted or inebriated performances in bars, its applications extend far beyond such stereotypes. It offers a platform for communal interaction, self-expression, and personal development. The social and psychological benefits are considerable, promoting well-being and inclusivity. By engaging new audiences, karaoke fosters a deeper appreciation of music, benefitting both the artist and the listener.

An Appeal for Consideration
Placing copyright restrictions and requiring special permissions for the creation of karaoke is comparable to prohibiting individuals from singing their favourite songs in the shower or strumming a guitar to a well-loved tune. Such restrictions undermine the spirit of personal musical expression. Permission should only be necessary when karaoke tracks are used for professional or commercial purposes, such as in cover recordings.

A Gracious Request
Therefore, your gracious release of copyright claims on these works would be deeply appreciated. Your loyal fans—and indeed future admirers—will hold you in even higher regard, as such a gesture would undoubtedly foster an even greater following and, in turn, lead to increased music sales.