Crosswhite Robert Week 14 Case study (1)

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Jan 9, 2024

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Paragraph 1: Summarize the Case in your own words . The plaintiff filed a complaint against the defendant because they had used a video that was about Elvis Presley's life, and they had the claims to the video clips taken from their show. Passport video However claimed that it was fair use. The district court said that the use of copyrighted material was likely not of fair use, and instructed Passport video to stop selling and distributing Definitive Elvis (the name of the movie in question) In the end district court found Passport's use of copyrighted materials belonging to the Plaintiffs to likely have a negative impact on the market for those materials, and this conclusion was considered reasonable and not clearly mistaken. Paragraph 2: Indicate how it relates to the content for the week . This week is about trademarks, patents, and copyrights this case study is all about a plaintiff that filed a complaint against the defendant because of copyright infringement, from the opinions of the author, to the case itself everything relates to the copyrights of a company and how they might be exploited, and this also can explain what might happen to you if you were caught in a situation like this. Question 1. How would you weigh the four factors in this case? The first factor to consider “fair use” is the “purpose and character” of Passport’s use. The new was commercial in nature in that were profiting from the new products that used the copyrighted material. Second is the consideration of the original work's nature as compared to the new use. Did the new work expand on or change the original work to present a new perspective? The case study makes a point that “voice-overs do not necessarily transform a work.” The third factor is the amount of use. In this case they site repeated use and enough use as to occupy “5-10%” of the new work making it “substantial with respect to the infringing work.” The amount of use goes back to nature of the original work and indicates the value of the copyrighted work. It also goes to the fourth factor which is often considered the most important since it affects the value of the original work and the impact on the potential market of it. If the trial court had found fair use, would the appeals court have overturned its ruling? Most likely, since all the conditions were met to indicate fair use did not apply. Question 2. Why do you think that the fourth factor is especially important? Because it affects the value of the original work and the impact on the potential market for it, it has potential financial impact on the holder of the copywrite. This negative impact potential is for which the plaintiff is seeking compensation. Question 3 What is the significance of the discussion on “transformative” aspects of the defendant’s product? If the product (the new movie in this case) were different enough it would have been considered new material which makes copyright null, which is why transformative is the most talked about thing in this case study. But to clarify, talking over the original video clip does not make it new and different which is what they did, meaning the plaintiff had a valid claim.
Last paragraph: Conclusion reiterate the case's significance. This case teaches you about the transformative aspect of materials and how it can change your situation and determine the winner based on logic and facts. If the defendant hadn’t just voiced over the clips and put it together in a different manner as to change it from the original into something new, they could, most likely, have won, but they only voiced over and repeatedly showed clips of Elvis, which were copyrighted by the Plaintiffs. This really shows you that one thing can change any case, and it's important to understand your own work in full before you make claims that you are in the right. Case Citation: https://saylordotorg.github.io/text_business-law-and-the-legal-environment- v1.0-a/s35-05-cases.html Title: Elvis Presley Enterprises et al. v. Passport Video et al. Volume and Reporter: 349 F.3d 622 Court: 9th Circuit Court of Appeals Year: 2003 Judicial Opinion Excerpt: Author of the Opinion: TALLMAN, CIRCUIT JUDGE
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