FAIR USEthe most ridiculous legal doctrine, like, ever

Paul Rapp, Esq.Monterey, MApaul@paulrapp.comrapponthis.blogspot.com

© is nothing but a bargain

COPYRIGHT LAW

Protects original works of creative expression in a tangible medium, including:

literary works

musical works

dramatic works

pantomimes & choreographic works

pictorial, graphic, and sculptural works

sound recordings

architectural works

software code

BASICS

-Original not novel:Independent creation of identicalworks is theoretically possible.

-Threshold for “creativity” is low.

-Not Protected:

Ideas, procedures, process, systems, discoveries, facts, lists, names, simple directions

But, the expression of these things in a tangible medium is protected

Exclusive Rights (17 USC 106)

-to reproduce, make copies

-to prepare derivative works—recast or adapted

-to distribute copies

-to perform or display publicly

Since 1978 EVERYTHING that is created automatically receives © protectionAnd stuff created prior may or may not depending on whether the work was published, whether it was published with a © notice, whether it was registered,

whether the registration was renewed... And there is no database that will tell you what’s covered and what’s in the public domain. So appropriation art is fraught with danger.

Infringement

-the violation of one or more of a copyright holder’s exclusive rights

There must be copying

-a substantial (more than de minimis) taking of the protectable elements of a work

-inspiration v. taking

-copyright holder is entitled to an injunction, damages, destruction of infringing goods

-criminal sanctions for severe infringements

I’ll License You A Dream

The Wind Cries License

Alphabet Soup

Synch Licenses

Limitation on Exclusive Rights: FAIR USE

When the social utility of unauthorized copying exceeds the social utility of enforcing a copyright. Criticism and commentary (including parody), teaching, and news reporting are all examples of fair use.

blah blah blah

as dumb as they wanna be

But Biz Markie

Leibovitz

Neilson

Fairey

source

Prince

He’s Versatile

BARBIE

Words and Pictures

How Much Is Too Much?

Patry

YOUR FAIR USE BIBLE

Heart of the Matter