Professor Faden: Copyright Case Study

There are four elements to determine something is fair use based on the copyright act of 1976: is the purpose for educational purposes or commercial purposes, is the nature of the work copyrighted, is the amount of the portion related to the copyright as while and finally is the effect diminish the potential market for or value of the copyrighted work?

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

of having to buy the book for themselves. While this is a noble act by the

The plaintiff claims that Mr. Faden is guilty of copyright infringement, from the mash up of numerous disney productions for the use of educational purposes of copyright and how the law works. I'm here today to defend Professor Faden, because i can prove that he is in fact innocent.

The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including

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).

I believe that professor faden did nothing wrong in this video and this is not copyright at all. One reason that i say that he didn't do anything wrong is because he followed the rules of copyright and didn't take their ideas or anything, all he did was get short films from each movie and put them together to make a lesson that people need to learn. Which is to never copyright and or steal people’s work.

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.

Admittedly, many of Disney’s original works are not being viewed by their intended audience. Author of Patricia Digón Regueiro 's states, “it may be of interest to know that in his early cartoons created by Walt Disney were not directed at

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.

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."

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

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.