2009 Lecture 8

2009 Lecture 8 - ENTERTAINMENT LAW University of Southern...

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Unformatted text preview: ENTERTAINMENT LAW University of Southern California Fall 2009 / Lecture 8 Prof. Michael Grizzi Inquiry from a classmate Past exam on file (now on Blackboard) We have covered the material necessary for you to answer the first of the three questions at this time. The concept of fair use under 107 of the Copyright Act (review) Factors to be considered include : 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes From Campbell : the more transformative the new work, the less will be the significance of the other three factors 2. the nature of the copyrighted work Why is this factor less important in parody cases? 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work In Campbell v. Acuff-Rose Music , we saw that The U.S. Supreme Court indicated that a commercial parody may be a fair use within the meaning of 107. The factors must be applied to each situation on a case by case basis. In Suntrust Bank v. Houghton Mifflin Co ., we saw that A work can be treated as a parody if its aim is to comment upon or criticize a prior work by appropriating elements of the original in creating a new artistic , as opposed to scholarly or journalistic, work A carefully-written parody novel in the United States may count as fair use Any material extraneous to the parody is unlawful only if it negatively effects the potential market for or value of the original copyright We discussed some common mistakes in parody analysis: Not every parody is a fair use parody You must be parodying the work you have taken from, not some unrelated work Dont take too much of the original Dont ignore the context In Elvis Presley Enterprises, Inc. v. Passport Video , we saw that the Ninth Circuit Court of Appeals called the Effect on the Market for the Copyrighted Work undoubtedly the single most important factor for purposes of fair use analysis Fair Use and Home Video (review) Sony Corp. of America v. Universal City Studios Court: "[t]he sale of copying equipment...does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes, or, indeed, is merely capable of substantial noninfringing uses" taping a televised event to watch at a later time was not an infringing activity The dissent noted the argument of the studios that Home video recording reduces the market for pre-recorded videotapes Advertising revenues may decline if advertisers believe viewers are skipping commercials Fair Use on the Internet Compression and file sharing technologies like MP3 technology have led to an explosion in intellectual property piracy Show of hands: how many of you have heard the term: Bit Torrent Gnutella Fair use on the internet concept:...
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This note was uploaded on 12/04/2009 for the course LAW ENTERTAINM taught by Professor Grizzi during the Fall '09 term at USC.

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2009 Lecture 8 - ENTERTAINMENT LAW University of Southern...

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