Fair Use Against Disney

Professor Faden is a film/media teacher at Bucknell University in Lewisburg Pennsylvania. He received his PhD. while in Florida. Now in addition to teaching he makes some films and writes papers on film and media. When doing these things he would have to have a good understanding of copyright laws so as not to break them when creating works. Faden demonstrates this knowledge when making the “A Fair(y) Use Tale”, by not committing copyright infringement on Disney Studios.

With endless copyright laws and fine lines of right and wrong Eric Faden created a video using short clips from disney animation studios to test the limits of fair use. Walt disney studios is known for suing schools, churches , and public libraries for broadcasting their movies and animations without permission(which is never given). Once again disney has proved their reputation by by filing a lawsuit against eric faden whom abided by the copyright rules. I can only imagine Disney’s lawyers heads spinning off as they watched the “movie”.

Into Thin Air is a novel which provides a personal view from Jon Krakauer about a treacherous disaster on Mount Everest in 1996. After reading the novel, I can say the book came out to be much better than expected. Initially, I assumed that the book would simply guide a reader from Kathmandu to the summit, but the book held much more value within its pages. Although there is one component of the story that I disliked, I can still say that Into Thin Air is a very interesting novel which could both inspire people to climb Everest or stay away from it.

Faden used his work on this video for a nonprofit educational purpose of his students, so in this case he did not violate factor four. To the creators of the disney work, if he did anything it was provide commercial to their work and in that way many people may have gained interest in watching the disney movies Faden used to create his

The first thing that should be done before anything else in this case, is the proper definition of fair use. Merriam Webster’s defines fair use as the following: 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. The U.S. Copyright office states that these are the activities that can be claimed as fair use: criticism, comment, news reporting, teaching, scholarship, and research. So to further analyze fair use, I shall share some observations. Fair use can be claimed if it does not substantially impair the worth of the movies used in the video, or lose any money for disney. The strategy can also be used if it is used in the context of criticizing, reporting, or providing commentary on something. Teaching, research, and scholarship are also forms protected by copyright.

Faden’s video “Fair(y) Use Tale” is not exceeding copyright as Disney has seem to argue. Faden’s video is meant to educate young kids on the rules of copyright laws. I strongly agree with his method of teaching the rules because as kids you get bored really easy with this video they can see something they are familiar with so they are not as bored. The fair use laws says that you can use a proportion of someone’s work , in this case Dinsey for educate,news reporting , criticism, and research. This is exactly what Faden did he used a series of clips from disney movies to explain the copyright rights which is education or teachings. The video also did not decrease disney's profits which is one of the regulations of copyright.

Disney believed in magic. Disney is a common household name. In fact, some toddlers can recite the name of their favorite characters from their favorite Disney movie. It is not uncommon to see adults watching a Disney movie, and I would venture out and say most Americans have been to Disney Land or Disney World once in their life. Needless to say, Disney is part of the American culture. However, translating the success that Disney has had in the United States to another country can present a lot of challenges. As we will see, in this case, Disney did not do their homework when it came to planning this project in Europe. Some of the challenges that the company had were their makings such as hubris management and a lack in understanding their customer’s cultural differences

The Use of Propaganda to Mobilise the Minds of the Nation Toward War Propaganda is defined as a specific type of message presentation aimed at serving an agenda. At its root, the denotation of propaganda is 'to propagate (actively spread) a philosophy or point of view'. The most common use of the term historically is in political contexts; in particular to refer to certain efforts sponsored by governments or political groups. Advertising, religious preaching, etc. are also propaganda, as well as, in today’s world, TV talk shows. During World War 1 all types as propaganda was used to mobilise the minds of the nation towards war.

“It all started with a mouse.” Since the 1970’s, Mickey Mouse has become one of the most famous icons in the world. The Walt Disney Company started in 1923, and has since expanded into over a hundred different movies, merchandise, and theme parks around the world and a variety of countries and continents (Walt Disney Studio History). Walt Disney opened his first park, Disney Land in California, in 1955, but later built Walt Disney World in 1971 which is located in central Florida. This was a bold move, but it was Walt’s plan to make a bigger park with more space and more attractions and opportunities for the guests. Since then, Disney World has become one of the most admired tourist spots in the world, and has the most widespread theme park

Although the clips that Faden used were small snippets, he used plenty of them. He used clips from multiple different movies like Monsters, Inc., The Little Mermaid, Toy Story and many more. Faden should realize that what he did was wrong and, that he did take the work of someone else to create a video. If Faden were to continue to make these videos, they could become super popular. This could cause people to give credit to the wrong creator. Giving credit to Walt Disney and asking for permission would have been the best idea. There are consequences for copyrighting work. Sometimes there are large amounts of money you will have to pay as a fine. Since Faden didn't give credit to Walt Disney Studios many people who might not have seen these Disney movies may think Faden is the creator of the

The video he made was only meant to inform people about copyright. It was nonprofit which means he isn't gaining money from the video at all. He isn't taking disneys money either.

I would like to say that my client, Eric S. Faden is not guilty of copyright infringement. It is well known that Disney often sues companies and even just everyday people in the name of copyright infringement. My client, Professor Faden, has not breached this rule because he is following all the rules of fair use.

Attarian, John. “Who’s Guarding the Guards?: While failing to persuade that the media have a conservative bias, a columnist nevertheless identifies real problems.” World and I June 2003: 212. Academic OneFile. Web 18 Sept. 2016.

Mr. Faden’s video is without a doubt fair use. This is for many reasons. The purpose of the video, the amount used in the video, the different works that were used, how it affected the market are all things that did not hurt Disney in any way, light, or form. Therefore, I will be using these topics in my defense of Mr. Faden.

The films of Walt Disney have served as icons of childhood over the last century. The Disney Corporation’s success is evidenced in its financial fortitude. In 1995, Walt Disney Company had the biggest market share, relative to the number of releases, at 19% (Smith & Thompson, 1996). In 1997, Disney had sales of nearly $24 billion.