How Fair Use Has Changed Over Time

The video A Fair(y) Use Tale Trial by Professor Eric Faden was created with the purpose of educating it’s viewers about Fair Use principles. It creates a transformative work through different Disney movie clips each only a few seconds long strung together in order to explain Fair Use and Copyright in an entertaining and original way. The video is noncommercial, and no profit was gained by Professor Faden in producing the work or after it was displayed.

The copyrightable element of the 1963 image should be covered under American copyright law, but the content of the image, including originality and use that need to be defined. Elements that should be protected include the photograph itself. This includes “selecting and arranging the costume, draperies, and other carious accessories in said photograph, arranging the subject so as to present graceful outlines (Burrow-Giles Lithographic Co. v. Sarony, 45, 48 (4 S.Ct. 1884)).” In the 19th century, this declaration was the first time the question of a photograph’s inherent copyright was explained, and is now a standard in the Copyright Act of 1976, where all “two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, and prints…that can identify separately from the utilitarian aspects.” (17 U.S.C. § 101) are considered pictorial works and protected under copyright.

* Through the postmodern frame of reference, explain how artists have appropriated historical artworks. How has the artist incorporated parody and wit into the work? In what way has the artist questioned the values implied in the original artwork?

The second approach to copyright is the democratic approach. All works of art are ideas built on a foundation of other ideas. The democratic approach advocates that intellectual property belongs to the society and should be available for the general good of the public. If the particular usage is intended to derive financial benefit or any other business-related benefits, it is considered inappropriate usage. If the utilization of factual work were more usable than the use of someone’s creative work, then that would not be fair use. There is no specified edge to the amount of quoted work that can be called “fair use.” The courts exercise common sense to determine if it was too much. If the utilization of the material created market or stirred a competition, and if the fair use diminishes demand for the original product, it is not considered as appropriate use (Crews, 1993).

During fair use trials judges are supposed to at least these “four factors” 1. The purpose of the use 2. The nature of the work used 3. The amount and sustainability of the original work used 4. The effect on the market of the original, as well as the overall purposes of copyright law.

The International herald Tribune of March 30, 2012 reports that an individual’s original work should be lawfully protected.

5: If an original work is copied, and that copy is distorted, changed or modified in any way, that person/company who distorted, changed or modified the copy has infringed upon the copyright holder’s moral rights (only enacted in certain states) not just his copyright rights. To obtain moral rights, if not enacted in the state, a written contract needs to be drawn up. Moral rights originated in Europe to help artists protect their works and their reputations and are now enacted in the New York, California, Massachusetts, Rhode Island, Louisiana, Maine, New Jersey and Pennsylvania. Moral rights have been proposed as a federal statute in other states.(Spatt)

As time goes by, the rate at which art changes increases at a seemly exponential rate. Our culture

According to Halbert & Ingulli (2012) fair use is the right to use limited portions of copyrighted work, without permission for the owner (p.324). For example, when an individual uses a music video for a product review for shoes, you want a video so the individual’s can upload that video for their review. The video viewed doesn’t replace the shoe product. However the owner’s rights are not affected at all because the individual's right to use the copyrighted video would be acceptable under fair use. The fair use limit use of copyrighted material without the individual getting permission from the owner. "Copyright laws were established not to give the author the right to deny their work to other people, but instead to encourage its creation" (Halbert & Ingulli, 2012, p.324). One example of music sharing files is the case of Sony BMG Music Entertainment V. Tennenbaum (Halbert & Ingulli, p.324).

Copyright and fair use can be hard to talk about because when you use a video with copyright songs you can't see it. Fair use belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research. Although the doctrine of fair use was originally created by the judiciary, it is now set forth in the Copyright Act. Under the Act, four factors are to be considered in order to determine whether a specific action is to be considered a "fair use."

Literature states that the terms ’fair use’ and ‘fair dealing’ are regularly confused. Due to my own lack of awareness, I initially assumed that they were interchangeable terms. However having read a substantial amount about both, I appreciate that there is a significant difference in what they protect and how they protect it.

Fair use is a defense to copyright infringement that essentially asks of any particular use; Is this fair?

   Abstract: This essay deals with the creative possibilities generated by the influx of inexpensive and easy to use digital recording software, hardware, and digital distribution techniques.  One of the main themes of the essay is the problem of upholding creativity and artistic integrity in an unmediated digital environment.

Throughout history, art has caused wars and forged alliances. In modern times, cultural treasures are being sorted into place after much misplacement. Restitution/repatriation, the act of returning cultural treasures to their rightful owners or nation of origin, often ensues difficult legal decisions, but remains a moral necessity. This act of returning cultural treasures, grows more common due to the media’s interest or publicized legal battles. The movie “The Woman in Gold,” involving Gustav Klimt’s painting of Adele Bloch-Bauer, is an example of the influence it has on media.

Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.