Fair Use Definition

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”.

Throughout the video Faden uses a wide variety of clips from different Disney but he never uses more than he needs to. The University of Maryland University College’s guidelines for how much of a copyrighted work you can use include only using the amount you need, and not exceeding the expectation of how much you can use. Faden demonstrates this by using only what he needs to get his point

Fair use, a well-established doctrine of copyright law, is explicitly stated in Title 17, Section 107 of the U.S. Code. It protects copying “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” Also very relevant to the issues raised by this lawsuit is the final

In this case the source of law that which the lawsuit is based on is the United States Constitution, specifically the 1st and 14th amendments. The 1st amendment which provides the right to freedom of speech and the 14th amendment, which provides equal protection of the law to all citizens.

The copyright on Eric Faden is fair use because it’s used to teach kids about copyright laws. He is not making any money off of the remix. He is not looking in making profit, he is simply educating. He borrowed very small pieces of Disney films to transform into a remix. He also cited all the movies he took, and gave credit to disney. Some people say it’s copyright because he didn’t get permission from Disney.

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).

Another reason I say he did nothing wrong is because all he used was words that the characters were saying such as copyright, owner, allowed, etc. that's everyday words that people use if you think thats copyright there is something wrong with you. According to the third factor of fair use if you only use a certain amount of something and dont

Plaintiff Argues: Miller based his argument to the Supreme Court on a previous case Memoirs v. Massachusetts, which decided that the “patently offensive” and information that was “utterly without redeeming social value” was not covered under the 1st Amendment, and it was difficult to prove that works are without any redeeming social value. Miller’s other main argument was that his arrest violated his 1st Amendment right to free speech no that he was censored and arrested by the Orange Count Police Department unlawfully.

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.

At the beginning of the video he states that it is not associated with Disney nor was it authorized, but he did not excessively use their works. He took what was needed to get the point across of what he wanted to get and moved on he used very small portions of the video which is a factor in stating that this is a fair use.

In light of these three cases the defense of parody may be disregarded if the plaintiff can argue priority, since the marks are registered in the principle register and have established their mark in the market. Secondly, the defendant has infringed the mark arguably on four counts, through semantics, with the use of ‘pel’ and No. 13 which are both distinctive and non-functional when used together, hence infringes the plaintiffs mark, Chapel and Chapel No. 13 (the argument for Chapel No.13 are stronger). Secondly, they use the same type of dress i.e. astronaut dress and lastly the color i.e. gold. The last two counts are arguable trade dresses but are worth mentioning for the purposes of proving that the defendant did intend to create an association

The Fair Use Act is when a teacher or student is allowed to take something off the internet for educational purposes.

In making a series on real Greek myths and epics, I would need to ensure that I am abiding by all copyright laws. Although, my idea is on a principle theme that others have attempted, I would need to take preventive measure, so I would not fall victim to copyright infringement. In doing so, I would apply fair use in determining what and what not to use. First, plan of action; I would use the clips from the 1963 movie Jason and the Argonauts. Since the film was made in 1963 public domain is applied, therefore, usage of the film is free anyone. Secondly, I anticipate on using clips to express accuracy and the disparity of Greek mythology vs Hollywood films. Therefore, I would use for example, Brad Pitt’s movie Troy with an

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