Copyright Law – Fair Use
Imagine oneself in a predicament where someone’s work was used in a negative way and the copyright owner disapproved of the harsh display. How would the issue be resolved? Was it used fairly? In many cases people find themselves with their work viewed in a negative manner. However, this is where fair use is a probability.
Fair use is somewhat a replication of copyrighted work completed for a restricted purpose, for example to leave a remark, duplicates a copyrighted work or, censure. These uses could be done without the copyright owner’s approval. Instead of breaking the copyright law, fair use is a defense. The four factors used to determine whether or not a use is fair are “(1) the intention and disposition of the use.- which is the determining factor which the courts rely on to make a decision as to whether the use is fair and what was the purpose. (2) The copyrighted features. – When the reproducer is sent to court they exam the types of material to see if it factual. (3) How much form was taken from the copywriter. – No one really knows how much to take from a copyright work because there is no manual. As an alternative courts evaluate the uses and their comparative to the work. (4) If market or income was taken away from the owner. – This is one of the utmost important factors in the court because the court will exam the affect of the market. (Crew 2).
The courts would weigh out the four factors when evaluating fair use, Most of the time when fair use defense is set is when the violation is disapproved, or studied. The general guidelines that could be useful but not precise in every situation towards examining fair use: (1) a usage that takes some of the unusual work. (2) Making sure the reproduc...
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... determining whether or not a specific use is fair. Various federal courts stand by section 107 in order to resolve most cases of fair use. Making sure the reproducer known the four factor just in case someone files a fair use case on them, letting reproducers beware that they could probably be sued or go to jail because of the consequence of using fair use in an unruly manner probably would allow them to be more mindful about the matter. Information that needs to be found or researched would have to be when a resolution of a use allows fair use. That would be one of my issues. Allowing the community to know when the copyright material of the use is acceptable is a wonderful way of getting the community involved and also letting them know the four factors in Fair Use so that citizens would not run into any problem with the law or a copyright holder in the future.
Today is the day of the trial for the Faden vs Walt Disney, I am Mister Faden's attorney. This should be an easy case to win, its so obvious that Mister Faden’s video was fair, that doesn't mean I won’t take it seriously, just that i am confident. When i arrive at the courtroom my client is already seated along with most of the jury and the judge. As i am sitting there i can’t help but to think about how ironic this entire case is, the video itself was about copyright, its almost as if he wanted this to happen. Its time to make our opening statements, defendants are up first. “Ladies and gentlemen of the jury, my client is innocent, and has not committed any crimes against Disney. As i am sure you know, Mister Faden made a video concerning
Putting concrete limitations and rules on what an artist can and cannot use when expressing their opinion of another artist’s work is unconstitutional. If we put a price on the freedom of speech, we place a fine on our liberties.
It may seem hard to believe that Americans would allow such an undemocratic practice in this nation. Fortunately, today filmmakers are allowed to make movies about the subject of their choice without being evaluated for treason. However, the memory of this dark time will live forever. The sound of it echoes through the bowels of a courtroom and reverberates in the hearts of the American people. In the words of former first lady Eleanor Roosevelt, the only judge who decides whether the film industry is “good” or “bad” is the “man or woman who attends the movies”. It is the duty of an individual to evaluate a film and interpret art. The verdict is not reached in a courtroom; it is decided when ending credits appear on the screen.
freedom of speech; it is liberty of expression and the artist's right to the pursuit of happiness.
When dealing with appropriation of name and likeness there are many defenses that can be taken into consideration throughout the process of a case. The nine different defenses you can use for appropriation are ne...
“Anyone else who uses copyright material in those ways will infringe copyright unless they have permission from the copyright owner or a special exception applies. One act may result in the infringement of several copyrights” (Film & Copyright, 2012, p. ...
Copyright, in its first form, was first introduced in 1710 with a British statute of Anne. Since this time copyright laws have changed to remain current, and have grown into an international agreement by many countries around the globe.
In the present day, Americans have had to realize what the word “freedom” means. Whether it is recognizing our freedom as American citizens and defending ourselves against a growing threat of terrorism, or protesting war as we attempt to protect another country’s plea for freedom, all Americans have looked closer at the definition of freedom. In this heightened age of freedom and evaluating our constitutional rights, it is interesting that censorship is still a controversial issue. Perhaps the most significant examples of censorship take place in the arts. While the First Amendment considers censorship illegal, there are many ways that censorship still occurs in visual art, theatre, television, and film. Perhaps film has the most organized system of censorship found in the MPAA (Motion Picture Association of America). Chris Roth writes in his article “Three Decades of Film Censorship…right before your eyes”, that censorship by ratings is a serious First Amendment issue that deserves debate and action. The article poses many questions about the MPAA and the restrictions it places on director’s creativity. However, the most important issue it addresses is our freedom as American citizens to promote, protect, and view a diverse mosaic of ideas on screen.
...entertainment industry is saying that intellectual property is just as real as physical property. The digital age faces a true balancing act a digital dilemma if you will- the right to freedom of expression while protecting intellectual property.
Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the integrity of artists copyrights in the age of MP3. Prince has now filed a motion in New York federal court aimed at shutting down several websites offering free downloads of the Artist's songs." (http://www.mtv.com…19990304/prince.jhtml) In addition, in recent music news, "Nine Inch Nails lead man Trent Reznor copyright infringement suit was dismissed. Another artist claimed that the Reznor had stolen material for his last album." (http://www.mtv.com…19991202/nine_inch_nails.jhtml) The copyright law has become an important legal aspect to know our music generation.
of art, are removed or kept from the public. Censorship also occurs when materials are
Nolan, Mollie E., student author. "Search For Original Expression: Fan Fiction And The Fair Use
Plagiarism is defined by UMUC (2006) as “the intentional or unintentional presentation of another person’s idea or product as one’s own. Plagiarism includes but is not limited to the following: copying verbatim all of part of another’s written work; using phrases, charts, figures, illustration, or mathematical or scientific solutions without citing the source; paraphrasing ideas conclusions or research without citing the source in the text and in reference lists; or using all or part of a literary ...
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
Copyright infringement is a major issue with media ethics. Many people confuse copyright infringement with trademark infringement (Miller, 2012). However, copyright infringement is when someone unlawfully uses a particular work that is protected by copyright law. These works can include: movies, pictures, songs, albums, artwork, pieces of literature, and newspapers. There is no reason for any of the previous to be copyright infringed, because there are ways to correctly cite all of them as sources, without illegally copyright infringing them. Most people simply do not use their resources to help them with their citing.