Judge Chavez And The Case

Cesar Chavez was born in Yuma Arizona on March 31, 1927. Cesar Chavez was in a family of seven brothers and four sisters. Caesar lived in a mud house where his parents owned a grocery store and ranch, but lost both during the Great Depression. His family moved to California, where they became farmers for a living. Caesar left high school in the seventh grade to work for the good of his family. Caesar joined the United States Army when he was seventeen and served for two years. Caesar married Helen Fabela and moved to San Jose, California, where he had eight children. Caesar was recruited and trained by Fred Ross. Fred then formed the San Jose chapter of the Community Service Organization a Latin American civil rights movement. Cesar worked

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).

Anyone accused of copyright infringement is protected under the claim of Fair use as long as they stayed within the fair use guidelines; the borrowed work must be used for the following reasons: Education, Critique, Parody or commentary. Professor Faden has been wrongly accused of Copyright infringement over his “Fair(y) Use Tale” video by Disney, accusing him of stealing their Intellectual Property for his own personal gain. This paper will prove Professor Faden’s innocence and why his video should be allowed to stay online.

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.

Have valid reasons for infringe another’s copyright under certain situations that are legal without permission from the copyright owner. It must be determined that the use is only for non-commercial or nonprofit purposes by considering “the nature of the copyrighted work”, “the amount and substantiality of the portion used in relation to the copyrighted work as a whole”, and “the effect of the use upon the potential market for or value of the copyrighted work” (Copyright Act). Examples include collections in libraries open to the public or related to academic research.

In the article “Recut, Reframe, Recycle”, the authors state that the four factors that the Copyright Act refers to when considering fair use are: 1). The purpose and character of the use, 2). The nature of the copyrighted work, 3). The amount of the work that was used, and 4). The effect on the potential market for value of the copyrighted work (profit). The purpose of the “Fair(y) Use Tale” remix film was intended for entertainment and educate viewers about copyright and fair use principles. The film was noncommercial, creative

Copyright protection does not extend to scenes a faire, which are stock themes commonly linked to a particular genre or characteristics that appear in a work of

Professor Faden made a video clip using scenes from Walt Disney Studios movies. Although Faden claims that the clips he took were fair use, I think he was out of line. Disney Studios is the creator of the movies that all these clips came from. I believe that taking someone's work and turning it into something for your own use, should be given permission. Fair use is any copying of copyrighted material done for a limited and “transformative” purpose. After a certain amount of years copyright protection with expire. A lot of the clips Faden used were movies from a few years ago, but still containing copyright.

The defendant, Professor Faden, has been accused of copyright infringement because of the use of clips from Disney movies in the video of his production, “A Fair(y) Use Tale”, a creative work that has nothing to do with the original work’s purpose, a collage that clearly doesn’t have any intent on commenting the Disney’s product. In this paper I will prove and explain why the work is fair use and that there isn’t any nod of copyright infringement.

The purpose of copyright law is to protect a creator and their original work from being used without appropriate reasoning falling under fair use, as well as being used without permission from the creator. Fair use can be defined as a doctrine that allows portions of a copyrighted work to be used without the creator’s permission as long as it is only for commentary, parody, criticization, or educational purposes. In the fictional case of Professor Faden versus Walt Disney Studios, I have decided to take the side of Professor Faden. Professor Faden claims fair use in this case.

Fair Use is considered the "grand daddy" of copyrights clauses. Fair use allows people to use the work of other if they are using the work for criticism, news reporting, scholarship, comment, teaching, research, and teaching, each has its limitations. There are four identifiers used to determine if use of a copyrighted work is considered fair use (Yearneau,2010; Jamar, 2013; Goldman, 2014; Grimmelmann, 2014; Kankanala,

To breach the rules of copyright infringement, a person would have to use the work in one of the ways that isn't listed under fair use. Ways to use any pieces of work fairly includes:

The second factor in the fair use analysis is the nature of the copyrighted work, this factor is not important to the overall fair use analysis involving parodies.

For example, in Adjmi v. DLT Entm’t, Ltd (S.D.N.Y. Mar. 31, 2015), protection was awarded under fair use because although the parody of Three’s Company “copies the plot, premise, characters, sets, and certain scenes from Three’s Company, it uses ‘the familiar Three’s Company construct’ as ‘a vehicle to criticize and comment on the original’s light-hearted, sometimes superficial treatment of certain topics and phenomena.” Transformative nature is showed here by the variation in scope under which the Three’s Company parody was presented.

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