anonymous coward
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8 months ago
in Lane Hartwell: Still wrong on fair use on Mathew's comments
"if a court were to argue that a photo should be removed because it appeared for less than a second, in a video satirizing (in part) the person in the photo -- then the idea of fair use might as well not exist."
Um, no. Fair use would still exist when the derivative work is a critique or commentary on the original copyrighted work. In this case, they are using the full copyrighted work in a context that does not have a specific commentary on the original work and therefore could easily use a substitute. Fair use is not a free-for-all... Just because you are doing a 'parody' doesn't mean you get to do whatever you want.
If you can provide a court case that allowed for fair use where the derivative work does not directly rely on the original, please let us know. Every case I've read was a DIRECT parody or commentary on the ORIGINAL WORK.
Um, no. Fair use would still exist when the derivative work is a critique or commentary on the original copyrighted work. In this case, they are using the full copyrighted work in a context that does not have a specific commentary on the original work and therefore could easily use a substitute. Fair use is not a free-for-all... Just because you are doing a 'parody' doesn't mean you get to do whatever you want.
If you can provide a court case that allowed for fair use where the derivative work does not directly rely on the original, please let us know. Every case I've read was a DIRECT parody or commentary on the ORIGINAL WORK.
1 reply
involving a biography of the Grateful Dead the court ruled that under
the "fair use" principle the authors were entitled to use copyrighted
posters of the band despite not having received permission to do so.
Part of the court's reasoning was that the photos were small, and just
a tiny part of the overall work.
http://www.copybites.com/2006/05/second_circuit...
Under the kind of fair use that you describe, in which only direct
parodies or satires of the original work would be covered, virtually
every photo or video mashup or montage would be either illegal or so
cumbersome as to be unreasonable.