Teiritzamna: JuggleGeek: The point GoldieBlox was trying to make was "buy our product". And you aren't allowed to use someones song to do that without their permission. Fair Use is not the same as "We want to make money".The Court of Appeals, however, immediately cut short the enquiry into 2 Live Crew's fair use claim by confining its treatment of the first factor essentially to one relevant fact, the commercial nature of the use. The court then inflated the significance of this fact by applying a presumption ostensibly culled from Sony, that "every commercial use of copy-righted material is presumptively . . . unfair. . . Sony, 464 U. S., at 451. In giving virtually dispositive weight to the commercial nature of the parody, the Court of Appeals erred.The language of the statute makes clear that the commercial or nonprofit educational purpose of a work is only one element of the first factor enquiry into its purpose and character. Section 107(1) uses the term "including" to begin the dependent clause referring to commercial use, and the main clause speaks of a broader investigation into "purpose and character." As we explained in Harper & Row, Congress resisted attempts to narrow the ambit of this traditional enquiry by adopting categories of presumptively fair use, and it urged courts to preserve the breadth of their traditionally ample view of the universe of relevant evidence. 471 U. S., at 561; House Report, p. 66. Accordingly, the mere fact that a use is educational and not for profit does not insulate it from a finding of infringement, any more than the commercial character of a use bars a finding of fairness. If, indeed, commerciality carried presumptive force against a finding of fairness, the presumption would swallow nearly all of the illustrative uses listed in the preamble paragraph of § 107, including news reporting, comment, criticism, teaching, scholarship, and research, since these activities "are generally conducted for profit in this country." Harper ...
Teiritzamna: ArcadianRefugee: 1) PARODY: a humorous or satirical imitation of a serious piece of literature or writing.He is referencing a legal distinction, not a dictionary one.Under the law of fair use, parody is most protected, as it involves the taking of a work and altering it such that it mocks the original work or author. The reason this is more protected is that it is 1) highly unlikely that the original author will grant authorization to a work that mocks them or their efforts and 2) at least some of original work must be used if the point is to make fun of that original work.Satire, on the other hand is the use of a work to humorously lampoon something else. Thus it is less protected because there is far less of a need for to use that original work - you could always write your own song or what have you to make fun of that other thing.
Theaetetus: You missed the fact that we're talking about a legal definition, rather than a colloquial one.
Cataholic: I would distinguish this case from the facts at hand (as well as the cases involving Leibovitz/Naked Gun, Fairey and Zimmerman) because the commercial aspect of those uses were artistic in nature..i.e. they were selling movies, music or visual art. This particular case is about using someone else's work to sell toys. The parody itself is not what provides value to the end consumer.
red_dragon60: Teiritzamna:Nope. Fair use, is like shouting "not it" or "no backs" when a child. As long as you say "fair use!" IP law doesn't apply to you. Its part of the secret legal code of the US, the one the courts bring out when you write your name all in caps and recognize the admiralty flag.Yessssssss! You also have to make them recognize your strawman.I was stunned with how often 2 Live Crew came up in law school classes. AFAIK, they had precedent-setting cases in Copyrights, Constitutional Law and Bankruptcy cases. Litigious as they want to be, I suppose.
Links are submitted by members of the Fark community.
When community members submit a link, they also write a custom headline for the story.
Other Farkers comment on the links. This is the number of comments. Click here to read them.
You need to create an account to submit links or post comments.
Click here to submit a link.
Also on Fark
Submit a Link »
Copyright © 1999 - 2017 Fark, Inc | Last updated: Apr 28 2017 12:14:45
Runtime: 0.177 sec (177 ms)