Professor Faden's Fair (Y) Use Tale '

Longer copyright terms can prove beneficial for large mass media companies as evidenced by The Walt Disney Company’s lobbying for the Copyright Term Extension Act. This act, often dubbed the Mickey Mouse Protection Act, extended copyright protection for an additional twenty years in 1998. Consequently, Mickey Mouse is now set to enter the public domain on January 1, 2024. Disney will once again have the opportunity to lobby for extension and evade Mickey’s copyright expiration, thus preventing its most iconic character from entering the public domain. This holds pressing significance because lobbying for further extension legislation would likely occur within the next few years.

Fair use is the ability to use a small piece of someone's creative work without permission. One can claim fair use only if the work isn’t for commercial purposes, is for education criticism/commentary, news

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

A motion for summary judgment is granted when the similarities concern only non-copyrightable elements of an allegedly infringed work or when no reasonable trier of fact could find the works substantially similar. Boisson v. Banian, Ltd., 273 F.3d 273 (2d Cir. 2001); Castle Rock Entm 't, Inc. v. Carol Publ 'g Grp., Inc., 150 F.3d 132 (2d Cir. 1998); Williams v. Crichton, 84 F.3d 581 (2d Cir. 1996); Walker v. Time Life Films, Inc., 784 F.2d 44 (2d Cir 1986). When the works contain protectable and unprotectable elements, the court applies a more discerning test, extracting the unprotectable elements from the works and asking whether the protectable elements, standing alone, are substantially similar. Knitwaves Inc. Lollytogs Ltd., 71 F.3d 996 (2d Cir. 1995) The discerning ordinary observer test must be applied in conjunction with the total concept and feel after the unprotectable elements are eliminated from consideration. Boisson, 273 F.3d 273. An allegedly infringing work is considered substantially similar to a copyrighted work if the ordinary lay observer unless he set out to detect the disparities, would regard the two works appeal as the same. Boisson 273 F.3d 273; Knitwaves, 71 F.3d 996. In determining whether or not the allegedly infringing work falls below the quantitative

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.

Step 1: Summarize the video in your own words in no more than three paragraphs. (Suspicious summaries will be run through plagiarism detection software.) I WANT TO HEAR YOUR VOICE!

Parodies are often confused with satire, both involve the use of a copyrighted work but parodies criticize the original work and satire comments on something other than the original work such as society . Works of satire usually are not protected by the fair use defense whereas parodies have the potential to by protected by this defense. The four factors in Section 107 that determine fair use are (1) the purpose and character of the use, including whether such use is of a commercial nature

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

Disclaimers were created throughout the 1960s and although that might’ve been valuable in helping parents avoid problematic cartoons for their children, disclaimers still couldn’t realistically protect audiences from an endless range of controversial content. It also questions how far distribution companies should go while guiding consumer

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).

To the jury of the court, let me start off by stating i'm the lawyer of the defendant, Professor Faden. Professor Faden has been accused of infringing the copyright of Disney Studio.

Therefore, Professor Faden’s work is fair use and is considered noninfringing. In order to determine if something is considered copyright, you must look at the four factors of copyright. Factors that judges take into consideration when looking at a copyright case is what is the purpose and character of the work, the nature of the copyrighted work, the amount and sustainability of the portion taken, and the effect of the use upon the potential market To fully determine if Mr. Faden’s work is truly fair use, we must compare his work to each of the four factors. The purpose of the Fair(y) use tale video, is to educate people on copyright and fair use in the college setting, which is covered by fair use since it is being used for educational purposes. The nature of this video is to not cause harm to Walt Disney Studios’ profit in any way, nor would it because the video is not being sold to the public or for Faden’s own personal

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?

Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.