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27 posts tagged with copyright and fairuse. (View popular tags)
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Big Hairy Woman

With this song, 2 Live Crew basically took the distinctive bass riff from the original Orbison song and changed the lyrics in true Crew style. Campbell v. Acuff-Rose Music, Inc. is probably the seminal case for the modern application of the fair use doctrine. The lightning rod was 2 Live Crew and their allegedly parodic use of the "Pretty Woman" song. Instead of dismissing the Crew's claim on the basis that they had used the appropriated material for commercial gain, the court looked at the other factors of permissible fair use and determined that parody was indeed protected fair use, even though the perpetrators gained financially. [more inside]
posted by three blind mice on Mar 7, 2014 - 22 comments

Gotta fight for your right...

Toy-startup GoldieBlox (previously) had already proven their marketing savvy - then their new commercial went viral, and might even earn them an on-air spot during the Superbowl. But now they've got a lawsuit on their hands - brought by the Beastie Boys. [more inside]
posted by progosk on Nov 23, 2013 - 204 comments

Buffy vs Edward vs Lionsgate

Buffy vs Edward: Twilight Remixed (previously), a textbook example of fair use, has been removed from YouTube after Lionsgate's attempts to monetize with ads it were met with resistance by the video's creator. "This is what a broken copyright enforcement system looks like." [more inside]
posted by ODiV on Jan 9, 2013 - 37 comments

"What books would be entering the public domain if we [the US] had the pre-1978 copyright laws?"

What Could Have Entered the Public Domain on January 1, 2013?:'Under the law that existed until 1978 … Works from 1956.' Yesterday was Public Domain Day, with many works entering the public domain, depending on jurisdiction. [more inside]
posted by the man of twists and turns on Jan 2, 2013 - 54 comments

By securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

Current copyright law does not merely distort some markets – rather it destroys entire markets. (PDF) [more inside]
posted by dsfan on Nov 17, 2012 - 97 comments

Canada Supremes rule on IP

Canada's Supreme Court has ruled on 5 copyright-related issues.
Internet providers do not have to pay copyright fees when their consumers download or preview music, and teachers don't have to pay fees when they photocopy copyrighted materials for their students. [more inside]
posted by Twang on Jul 12, 2012 - 25 comments

Did Richard Prince's Appropriation Harm Cariou Market?

Prince v. Cariou, Round 2: Money Talks Prince v. Cariou oral arguments were heard today by a three Judge panel of the 2nd Circuit Court of Appeals. In many ways, the future of appropriation art (and Google’s image search, possibly) rests on the outcome of this case. And if today’s arguments are any indication, neither side is going to go down without a fight. [more inside]
posted by snaparapans on May 23, 2012 - 95 comments

Now you know me as Dirty Spaceman, yeah!

Bad Lip Reading's parody video Dirty Spaceman has been removed by YouTube following a DMCA takedown request by Universal Music Group. (previously) [more inside]
posted by jeffburdges on Oct 23, 2011 - 24 comments

How to keep from being sued

How to avoid visiting any Stephens Group publications even by accident, if you use FireFox. The Stephens Group (AKA Righthaven) has been suing bloggers who link to and quote any of their publications' web sites. (Such as.) So now there's a FireFox plugin you can use to make sure you don't visit any of them. Use it in good health.
posted by Chocolate Pickle on Aug 18, 2010 - 32 comments

Warden threw a party in the county jail.

Has DRM just been dealt a crippling blow? "Today [the US Copyright Office has] designated six classes of works. Persons who circumvent access controls in order to engage in noninfringing uses of works in these six classes will not be subject to the statutory prohibition against circumvention."
posted by griphus on Jul 26, 2010 - 57 comments

OurTube Once Again

YouTube allows fair use defense. Under a new policy, users claiming fair use in videos previously taken down due to a copyright claim will be restored, and the claimant forced to file a formal complaint under DMCA. [more inside]
posted by l33tpolicywonk on Apr 23, 2010 - 57 comments

Obey the Law

Anthony Falzone and the Fair Use Project have dropped Shepard Fairey's case after he admitted he lied and submitted false evidence in his suit against the Associated Press. (Previously).
posted by CheeseDigestsAll on Oct 17, 2009 - 50 comments

Confidential to NY Times: Free as in speech

Getting smart about personal technology. NYTimes publishes Sonia Zjawinski's assertion that other peoples' images on Flickr are probably OK to download, blow up and use to decorate her house: And if you’re wondering about copyright issues (after all, these aren’t my photos), the photos are being used by me for my own, private, noncommercial use. I’m not selling these things and not charging admission to my apartment, so I think I’m in the clear. [more inside]
posted by chesty_a_arthur on Jun 26, 2009 - 173 comments

Polyvorous

Polyvore is a website that lets you mix and match online images to make fashion sets and collages. While it has received favour from Web 2.0 pundits, fashion bloggers, and major craft blogs, it has also drawn massive ire from artists that claim copyright infringement and use of personal photos. The anti-Polyvore pressure mainly comes from Etsy sellers, with some support from artists on DeviantArt, Red Buddle, and independent artists - all coming together on Flickr. We Heart It and Ffffound! are also seen as suspect. While Polyvore tries to assuage copyright fears, amidst growing pressure to shut down, many of Polyvore's current users are counter-petitioning for the site to stay.
posted by divabat on Jan 10, 2009 - 16 comments

"I don't value music made from sampling."

Mashup artist Gregg Gillis, aka Girl Talk, is another artist to try the 'pay whatever you want' Internet release model. However, his 55-minute album consists of over 300 samples from other artists, with many current and past hits. No stranger to current controversies in copyright, Gillis also appeared in the documentary Good Copy Bad Copy. Previously. [more inside]
posted by uaudio on Jun 20, 2008 - 44 comments

Stop lying to the public about their fair use rights

Tech industry to FTC: stop studios from giving consumers scary, inaccurate copyright warnings.
posted by grobstein on Aug 1, 2007 - 26 comments

Copyright Jungle

"We are losing much of the history of the twentieth century because the copyright industries are more litigious than ever." A cogent "primer for reporters [and others] who find themselves lost in the copyright jungle" in the age of Google and the DMCA.
posted by OmieWise on Sep 27, 2006 - 40 comments

minor threat, major rip-off

Minor Theft: Somebody at the ad agency for Nike Skateboarding must be a Minor Threat fan -- they recreated one of the band's album covers for the marketing of Nike's Major Threat Tour. Did they ask permission, though? No.
posted by me3dia on Jun 23, 2005 - 73 comments

Copyright... copyleft...who's right? whomever's left!

"You can't copyright anything on the Internet" Retrocrush posted an article written by thier own, to point out the "Worst Sex Scenes Ever" in the movies. Less than 30days later, the british tabloid "The Daily Star" printed an article that seems to have come directly from the site, attributing the source to a (seemingly fictitous) american magazine called "Film". Not only did the Star's news editor make the above quote, but the story was picked up by a wire service, and has seen print in several other online and print publications... Obviously it's not Fair Use. What would happen if reporters came here looking for ideas?
posted by niteHawk on Jan 6, 2004 - 27 comments

Fair and Balanced is fair to use

Fox Loses Bid to Stop Sale of Franken Book "There are hard cases and there are easy cases. This is an easy case," said U.S. District Judge Denny Chin. "This case is wholly without merit both factually and legally." As so many of us understood without the need for big expensive lawyers.
posted by billsaysthis on Aug 22, 2003 - 29 comments

Zoe and the DMCA

Rep. Zoe Lofgren's BALANCE act attempts to protect "Fair Use" rights from harmful legislation like the DMCA. Some related links: [summary] [whats wrong with the DMCA?]
posted by skallas on Mar 7, 2003 - 4 comments

Copy protection of music CDs is morally wrong, and as Americans we can and must assert our rights to Fair Use of the media we have purchased. But I give it to the Germans: they have figured out a way to defeat Cactus DATA Shield 100/200 and KeyAudio. [translated from German by Google]
posted by johnnydark on May 15, 2002 - 6 comments

Librarians targeted in latest copyright battles.

Librarians targeted in latest copyright battles. What, did you think the copyright monopolists were going to forget about librarians defending fair use?
posted by NortonDC on Jul 12, 2001 - 11 comments

Free as Air, Free as Water, Free as Knowledge

Free as Air, Free as Water, Free as Knowledge : is my favorite link to quote people these days. I like especially the references to Ben Franklin. How do we resolve the problem of fair use in a market driven world? Dan Gillmor's latest column, which calls for people to get active on the issue of fair use, brought the speech once again to mind.
posted by artlung on Apr 8, 2001 - 12 comments

Be very afraid.

Be very afraid. The only real solution to this is backlash and boycott. Technical solutions to "InTether" are inadequate (especially since every such will be a violation of the DMCA). If content vendors will only sell their material this way, don't buy! (Ultimately, it's going to take an act of Congress to straighten this all out. How about a law making it illegal to prevent "fair use"?)
posted by Steven Den Beste on Mar 13, 2001 - 30 comments

Librarians against UCITA.

Librarians against UCITA. Librarians on the forefront of preserving the public's right to fair use in copyright law. Kiss your local librarian and ALA member today! For more information, see the ALA UCITA Web site. [Courtesy of ALAWON and NINCH].
posted by leo on Feb 7, 2001 - 3 comments

Found this over at Free Advice in regards to the Elian Gonzalez Spoof Movie:

WHAT IS "FAIR USE" WITH RESPECT TO A COPYRIGHT? Copyrighted work may be used for certain limited purposes by people other than the owner under the doctrine of "fair use." "Fair use" includes reproduction for specific purposes such as:

criticism and comment, including parody
news reporting
teaching
scholarship
research

I beleive that the movie is protected. How else could have the South Park used the photo in last night's episode? I doubt the AP is going to go head to head with Comedy Central over the issue. It is just easy for big companies to threaten the little people and know that they will win. What a shame.
posted by da5id on Apr 27, 2000 - 8 comments

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