If a copyrighted tree were to fall in a crowded area, would we be allowed to hear it?

In todays modern society copyright is playing a bigger role every day. Consider tumblr, being a passionate Tumblr blogger myself I have witness countless arguments and posts complaining about certain people claiming photos, gifts, fan fictions etc. as their own, but even then are these works really the bloggers? They are using footage from TV shows and movies to created artistic collages and giffs, but this footage is copyrighted and not in the public domain.

Consider sites like fanfiction that host thousands of fan written stories inspired by the characters of their favourite book, television show and movies…But do they have the right to make them in the first place. According to copyright, No they don’t. What does that do to the consumers let alone the prosumers our society is turning into

How does copyright affect comedy shows like “the big bang theory” and “Community” where a large portion of their show is based on references and homage to different shows, brands, books, comics, etc. what counts as a breach of copyright and what is acceptable as fair use. Is referencing an idea, concept,or a book a breach of copyright?

The writers of Community have an incredible attitude towards  ownership and copyright rules. The first “fan video” made using footage from the show was done to the song “gravity”. Because of the copyright rules the writers and producers had the right to remove the footage INSTEAD they payed tribute to their fans by paying $50,000 dollars for the rights to play that song in an episode. That interaction changes the relationship between the producers and consumers.

On the flip side, consider Disneys attitude towards its content and audience. When disney’s movies reach a certain age they are put in the disney vault for a set time. For a limited time every ten years the  movie is released again as “platinum” or “silver” editions, increasing the price with every “upgrade”.

“Disney claims the Vault keeps its movies new for each generation, but the Vault is really all about market control. The company enjoyed getting a fresh infusion of money from each of its animated films for each re-release, so they found a way to recreate this cash flow for the modern home video market…By releasing a movie for a limited time, Disney takes advantage of being able to sell the film for the full price, then pulls the movie off the market” [1]

Disney attempts to restrict the access the consumer has to its content other than what it prescribes. Disney has gained greater control over more content. just last year they purchased the copyrights to “Marvel comics”.

“Under the deal Disney will now control and own 5,000 Marvel characters, including Iron Man and Spider-Man” [2]

Although Disney hasn’t enforced their copyright rights, the concept of the vault potentially being enforced across all their channels raises issues with controlling content from the public domaine.

Through my tumblr feed I came across this video in tribute to Disney classics.Would you consider this a breach of copyright regulations or is it within fair use.

[1] the disney vault: why does it exist

[2]Disney purchases Marvel