I will be defending the Fair(y) Use Tale and there are a lot of facts to prove that the Fair(y) Use Tale is not copyright infringement. Fair use shows a bunch of times that this is not copyright infringement like the length of clips it's kind of like a remix it cites where it gets it from in a way and it is educational. That is what we will be talking about to defend Eric Faden.Here is are a the reasons why i think it is not copyright infringement. One reason Fair(y) Use Tale is not doing copyright infringement is its only using small clips of disney. . The Fair(y) Use Tale is educational so it can't be copyright infringement. The first thing I will cover is what fair use really is. The doctrine that brief excerpts of copyrighted material may,
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
Throughout time we’ve come to terms on different versions of stories that have been altered to fit what we want to read or see for our enjoyment. Having variations of a story can demonstrate what type of audience is in the sight of the creator. The term “disneyfication” is the word to describe the idea of turning a story into a modern day version that creates an illusion to the real story written before. This has happened several times in past decades, where stories are altered to set an example for the audience, whether it’s believing in oneself or getting the job done, to get what you want, is different from the original tale. The comparison between Hans Christian Andersen “The Little Mermaid” and Disney’s “The Little Mermaid,” are a set
If children or adults think of the great classical fairy tales today, be it Snow White, Sleeping Beauty, or Cinderella, they will think Walt Disney. Their first and perhaps lasting impression of these tales and others will have emanated from Disney film, book, or artefacts (Zipes 72)
Kapica, Jack. “Copyright and the Mouse: How Disney’s Mickey Mouse Changed the World.” Digital Journal. October 6, 2004. Journal. April 20, 2014.
In “The Truth about Stories”, Thomas King, demonstrate connection between the Native storytelling and the authentic world. He examines various themes in the stories such as; oppression, racism, identity and discrimination. He uses the creational stories and implies in to the world today and points out the racism and identity issues the Native people went through and are going through. The surroundings shape individuals’ life and a story plays vital roles. How one tells a story has huge impact on the listeners and readers. King uses sarcastic tone as he tells the current stories of Native people and his experiences. He points out to the events and incidents such as the government apologizing for the colonialism, however, words remains as they are and are not exchanged for actions. King continuously alerts the reader about taking actions towards change as people tend to be ignorant of what is going around them. At the end people give a simple reason that they were not aware of it. Thus, the author constantly reminds the readers that now they are aware of the issue so they do not have any reason to be ignorant.
The test that was applied to Harper and Row was the Four Factor test to determine, if indeed it was was fair use. The first being the purpose or character of the use, in this case The Nation violated the copyright holder's commercially valuable right of first publication. Therefore The Nations intent was to benefit off the copyright holder's work first which was not a fair use. Secondly the nature of the copyrighted work, although in most cases this rule favors fair use, the work used had a substantial expressive value, if The Nation had only reported the facts in the work, they would have been in favor of fair use. The third rule applied was the amount and substantiality, in this case even with The Nation only taking a small amount it was constituted a substantial amount because the excerpt they took was the “heart of the work”. Lastly the rule applied here was the effect of the use upon the potential market for or value of the copyrighted work. In other words because The Nation infringed on the original work it led to actual harm, Time Magazine who had the contract with Harper & Row canceled their publishing contract.
Harder, M. (2014). Fair Use and Academic Honesty (Plagiarism). Howardcc.edu. Retrieved 28 April 2014, from http://www.howardcc.edu/students/academic_support_services/lac_and_tutoring/HOWL/Fair_Use.html
The defendant is innocent by the claim of fair use. Professor Faden claims his use of Disney Studio’s movie clips is fair use. The purpose of using the clips was to teach students about fair use. In 1984 the court case Universal City Studios v. Sony Corp. , Universal Studios sued Sony Corp. for their Betamax recorder, which allowed public to record whole episode of a TV show. While the technology allowed people to record whole episodes of a show it was ruled fair use because the purpose in which the device was being used was good. The device did not deprive the copyright owners of revenue. People weren't selling the recorded tapes they were just watching them later. So take this court case ruling and apply it to this one. Professor Faden’s purpose is to teach and his using of Disney’s works isn't taking away their profit.
Edgar Allan Poe’s short story “Tell-Tale Heart” focuses on the murder of an old man by an unknown narrator. The old man is said to have an “evil eye”, however, there is never an explanation for why the narrator believes this. The narrator then murders the old man and begins to describe why the murder is justifiable, and that he is not “mad”. A plausible theory for the death of the old man could be that the narrator suffers from paranoid schizophrenia and believes he needed to get rid of the “evil eye” for his own safety. The symptoms for paranoid schizophrenia include delusions, auditory hallucinations, anxiety, violence, and so on. These symptoms could explain certain quirks about the narrators hearing “...all things in the heaven and in the earth ...heard many things in hell.” (Kennedy 279) his violence “...I dismembered the corpse” (281) and the narrator constantly contemplating on their every action.
Walt Disney Studios is suing Professor Faden for infringing its copyright by using Disney clips in “A Fair(y) Use Tale.” Professor Faden claims he did not infringe Walt Disney Studios copyright. He took bits and pieces of Disney movies and made a video of all the clips that he used for fair use. Faden was using pieces of Walt Disney Studios movies for educational purposes, and never broke the copyright laws, therefore, it was noninfringing. The definition of fair use is a legal doctrine that portions of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner. He didn’t use a whole movie from Disney, just
Can a blind man lead a blind man? Will they not both fall into a pit?" Luke 6:39-42. One has come across this parable or part of a scripture from the bible somewhere in life before, along with stories that could last a lifetime saying out loud. Telling stories have come a long way now. Stories have developed over time and is designed to teach moral lessons and ethical values to those who are listening, reading or watching it wherever.
I believe the title for the novel, The Truth, is a great fit for the meaning of this fiction story. In the book, Chris, a protective brother, finds himself in a darkened basement. He is tied to a chair securely and cognized why this happened. Chris has gone though a lot in the past, just eight days ago a burglar broke into his home, and a finds a dead thirteen- year-old runaway dead on his kitchen floor. At the mysterious place he appears, Chris is aware that he has been abducted by his brother Derek. His brother needs proof, that he is not a killer, and every time he tells a lie, Derek cuts off his finger.
Zipes, one of the foremost scholars on the "fairy tale" has published numerous commentaries on Disney's cinematic versions of fairy tales and critiques Disney for using them to perpetuate what Zipes sees as cultural ills. In the same essay he writes, "The manner in which he copied the musical films and plays of his time, and his close adaptation of fairy tales with patriarchal codes indicate that all the technical experiments would not be used to foster social change in America, but to keep power in the hands of individuals like himself, who felt empowered to design and create new worlds" (Zipes 93). Zipes ultimately sees Disney's egotism as guilty of failing to utilize the opportunity afforded within a medium such as the animated fairy tale to acknowledge and foster change within the social order.
particular interest to educators is the “fair use” doctrine, which extends a get-out-of-jail-free card (so to speak) to anyone using copyrighted...
Back in 2007, Institute for Policy Innovation (IPI), published a report by Stephen Siwek. The report primarily focused on the economic impacts of sound recordings piracy on the U.S. economy. Piracy harms legitimate middlemen, media creators, and governments in the supply chain of media products. On the other hand, consumers of pirated media products do not enjoy some of the benefits that one would otherwise enjoy with purchases of legitimate media products (Siwek, 2007). Media products that can be pirated include music, sound recordings, films, TV programs, books, software, and video games among other media products that are produced under copyright laws. Karaganis (2011) defined piracy as unlawful copying and transmission of copyrighted media without authorization from a copyright owner, particularly when an individual intends to use the pirated media for commercial gain or achieve any other unauthorized purpose for which a particular media product is not meant. The legal landscape of piracy is blurred with lack of clear definition of piracy, especially when one backs up copies of media that he or she has legally bought for personal consumption. Despite the legal complexities that permeate into the field of media piracy and intellectual property rights, media piracy portends some adverse economic effects on revenues to media content producers as well the larger economies.