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As practices spread and financial stakes are raised, the legal status of inserting copyrighted work into new work will become important for everyone. But digital platforms make work far more public than it has ever been, and cultural habits and business models are developing. Often people circulated their work within a small group of family and friends. Until now, that fact has been almost irrelevant in business and law, because broad distribution of nonprofessional video was relatively rare. More and more, video creation and sharing depend on the ability to use and circulate existing copyrighted work.
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The circulation of these videos is an emerging part of the business landscape, as the sale of YouTube to Google demonstrated.
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Both amateur and professional editors are creating new forms of viral popular culture, as the “Dramatic Chipmunk” meme and the “Brokeback to the Future” mashup illustrate. Video remix has become a core component of political discourse, as the video “George Bush Don’t Like Black People” and the “Yes We Can” parodies demonstrated. People make and share videos to tell stories about their personal lives, remixing home videos with popular music and images. Video is increasingly becoming a central part of our everyday landscape of communication, and it is becoming more visible as people share it on digital platforms.