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Fair Use Is Not an Exception to Copyright, It’s Essential to Copyright

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Re: Fair Use Is Not an Exception to Copyright, It’s Essential to Copyright

#31
post #3

Does anyone know a good lawyer for fair use issues? I've got a project that I'm fairly certain falls on the fair use side of the line, but it's important enough that I'd like a lawyer's opinion.

Lawyers are very good at identifying threats, but they will never offer you much assurance about an issue as subjective as fair use. There's always some speculative danger they can see that's technically, though maybe not realistically, justified. What you can do is ask a lawyer if your idea is obviously not fair use and you'll get a straight answer. But you're not going to find someone who is going to say to you "ye…

>I'd recommend reading up on fair use and using your own brain. Case law is especially useful, i.e. many fair use cases regarding software have been to the supreme court - if you find a ruling covering something similar to your project then that is a good sign - Wikipedia and Google News are your friends.

I wouldn't do this for myself and I am lawyer capable of doing this sort of work for someone else.

You bias your own research when you are too close to the matter.

If you want a good rule of thumb for commercial fair use: Don't use copyrighted material at all unless you are doing a clear parody.

Re: Fair Use Is Not an Exception to Copyright, It’s Essential to Copyright

#32

Earlier quoted context omitted.

Satire is a defense to defamation, which was what Falwell sued over, and Edward Norton, playing Larry Flint's attorney, did such a swell job of depicting in the movie, People vs. Larry Flint.

Ah! Nice to have that input. I'm with you in spirit, for sure. That stated, I think we are both on-track with some of the difficulties relating to Speech vs. Fair Use. Freedom of Speech seems to be the tenent by which Flint won against the Defamation charge. However, in Fair Use, where Parody has very clear protections, it seems Satire is not as supported as grounds for Fair Use. The Wikipedia citation regarding Camp…

From the American Bar Association:

The Satire/Parody Distinction in Copyright and Trademark Law— Can Satire Ever Be a Fair Use?

Supreme Court also ruled that Satire/Parody is Fair use protected due to their verdict in Campbell v. AcuffRose Music, Inc

https://apps.americanbar.org/litigation/committees/intellect...

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