Class 22: Fair Use, Part II Administrative Written

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Written Assignments Due Now! 580-603 Next Time Two news articles about Administrative Righthaven Zediva sued News Wednesdays 3d Printing Class 22: Fair Use, Part II

22.mmap - 4/14/2011 - Listen 1964: Roy Orbison writes "Oh, Pretty Woman" Assigned rights to Acuff-Rose Basic Facts P uses word "parody" and D uses word "satire" 1989: 2 Live Crew write "Pretty Woman". July 1989: Sought a license from Acuff-Rose Acuff-Rose refused permission. Released song anyway. Large success. District Court: Fair Use. CA6: Reversed. Blatantly commercial purpose, so no fair use. Held (Supreme Ct. 1994) Parody Versus Satire

Last Time Transformative Campbell v. Acuff-Rose 1. Character and Purpose of Use Commercial

2. Nature of the copyrighted work Creative

Class 22: Fair Use, Part II Heart But how much more? Reasoning Just the heart, not much more 3. Amount and Substantiality of the Portion Used Lyrics For D Bass riff is heart, fine Music How much more? Parodies compete with original 4. Effect of the use on the market Original Which market? Derivative

22.mmap - 4/14/2011 - Mel Brooks Scary Movie Movies "Film genre" spoofs Not Another Teen Movie etc... The Onion Funny News John Stewart Stephen Colbert

Parody or Satire? Hitler Downfall Takedown notices Last Time Campbell v. Acuff-Rose Mashups

Weird Al Yankovic Music Glee Class 22: Fair Use, Part II a. Counterculture Mickey Mouse (pic on 561) b. Dungeon Dolls Examples on 561-62 e. Lexicon/Unauthorized guide to Harry Potter f. The Wind Done Gone

Transformative 1. Character and Purpose of Use Commercial

2. Nature of the copyrighted work Creative

Heart But how much more? Reasoning Just the heart, not much more 3. Amount and Substantiality of the Portion Used Lyrics For D Last Time Bass riff is heart, fine Campbell v. Acuff-Rose Music How much more? Parodies compete with original 4. Effect of the use on the market Original Class 22: Fair Use, Part II Which market? Derivative Mel Brooks Scary Movie Movies "Film genre" spoofs Not Another Teen Movie etc... The Onion Funny News John Stewart Stephen Colbert Parody or Satire? Takedown notices Mashups Hitler Downfall

Weird Al Yankovic Music Glee a. Counterculture Mickey Mouse (pic on 561) b. Dungeon Dolls Examples on 561-62 e. Lexicon/Unauthorized guide to Harry Potter f. The Wind Done Gone

22.mmap - 4/14/2011 - Previously discussed Seinfeld Aptitude Test 643 Trivia questions Summary Judgment for copyright Facts infringement affirmed Castle Rock But just simple Recap of earlier holding Quantitative/Qualitative prongs Substantial Similarity We contrasted this with different approach from JK Rowling case Held Professional photographer hired by Joyce Giraud for use as a modeling portfolio Some nude Giraud wins Miss Puerto Rico Universe 1997 Facts Nunez v. Caribbean International News Corp. Photos become newsworthy Shown on TV Newspaper runs three photos Photograph sues Newspaper Held D creates 480-page coffee table book about the Grateful Dead

More Fair Use

Class 22: Fair Use, Part II

Facts Bill Graham v. Dorling Kindersley

Wants to use seven concert posters drawn by P

D seeks permission from P; after several rounds of negotiations, talks break down D uses pictures anyway, with reduced size Held

22.mmap - 4/14/2011 - Also previously discussed Google Image search Google AdSense Actual knowledge Basic Facts Specific infringing material Possible Contributory Infringement (Remand) And can take simple measures to Recap of earlier holding prevent further damage yet continues to provide access Search Engines Perfect 10 No Vicarious Liability Held 1. Purpose and character of use 2. Nature of Copyrighted Work Class 22: Fair Use, Part II Reasoning Fair Use 3. Amount and Substantiality of Portion Used 4. Effect on Market

Google Book Search

22.mmap - 4/14/2011 -