I am on the Defendant's side of the case. Professor Eric S. Faden did not break any of the copyright laws. The short film he created called, “A Fair(y) Use Tale” is fair use and is therefore noninfringing at all.
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
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.
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?
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.
Fair use is an exemption within copyright law that basically permits anyone to use copyrighted materials without payment and without approval, subject to certain conditions.
In 1909, the United States government passed a measure that would allow individuals to make a legal claim over their own intellectual property. Meaning that individuals who own intellectual property, which is considered works, are given exclusive rights to the materials they produce. Copyright law has been creates an environment that owners of the materials or works grant others who do not own that work permission to use it for their own needs (Copyright, n.d.). The intent of Title 17 the Copyright law, is that even though an owner has rights over their work, in some specific instance a non-owner may be able to copy, repeat, or use material that is not their own. This action is called fair use; which is found in Section 107 of Title 17.
educational purposes, we still need to give credit where it belongs. When we display fair use,
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
" The Upcycle is a book about how we can develop and prosper without damaging the soil, water, and air. It was written by the architect William McDonough,and the chemist Michael Braungart. The book covers a vast amount of topics, from sewage to energy. The Upcycle is actually the second book written by the two authors. I recommend that you read the first book Cradle to Cradle Remaking the Way We Make Things before you read The Upcycle.
Professor Faden did use fair use in his mash-up video because he was using some of walt disney studios movies and mashed them up . He used some of the movies in Walt disney studios to make a video for Students/Adults to know what fair use means. All Professor Faden's was trying to do was help people learn what copyright was and he wasn't copyrighting the movies from walt disney studios .People around the world always remixes videos from tv shows and put songs into them. Its someone making a mash-up and using it in a very creative way. That doesn’t mean that they need to sue him, he didn’t do anything wrong. In the definition of fair use; any copying of copyrighted material done for a limited and “transformative” purpose.
Multiple laws are set when people create or post videos. The most important law is copyright. Videos will get copyrighted if the user uses a piece of material that is not theirs. A copyright on a piece of an author’s work is a form of protection that gives the author the ownership to that work. For example, books, music, and arts have a copyright symbol so that no one else can get credit besides the author who created it. Another law that is the fair use law. Fair use gives copywriters the right to use apart or all of their work. Fair use allows people to use work for criticism,
The last point is that professor Faden must have a creative twist to his work. An example of this is the Led Zeppelin case. This band was more of a remix type of band. They would take old songs and add or take away certain materials to the music to make it their own original work piece. Many bands and other artists tried to sue this band, but they failed as the courts decided that Led Zeppelin twisted the materials enough for them not to break copyright. In professor Faden's case, he did not do any type of copyright infringement. He took the small video clips and designed them to form a completely different
My first example of fair use is the location of the documentary itself. I did not need to pay to watch this video, sign up for Netflix, or sign up for anything for that matter. It was located on Youtube, in the public domain. In fact, located in the description of the documentary is a disclaimer stating why they are not in violation of copyright infringement. After describing the Copyright Act of 1976, the description goes on to mention “non-profit, educational or personal use tips the balance in favor of fair use.” Clearly, this documentary is not in violation of copyright infringement, even though it is located on
Faden’s use of the Disney movie clips is and should be considered fair use. The use of the clips all follow the guidelines for fair use like for educational purposes and to illustrate on copyright laws. The movie clips were not shown more than 30 seconds. The facts show that the creation of this film did not impact the market value of the Disney movies nor was it use for market value. Fair use shows Faden’s only intention when he created the movie was to illustrate copyright laws and fair use and know how to claim as fair use and what copyright law is.
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."