Fair use

I. Newsflash’s use of Schwarzenegger’s image and likeness will be protected under the fair use provision in California’s Right of Publicity because it does pass the transformative test for works of comment and criticism, but not under works of artistic expression. The main legislation pertinent to this case is the California Civil Code § 3344 (a) and (d), which states: (a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products,…

In October of 2011 Texas Representative Lamar Smith introduced the Stop Online Piracy Act to the United States House of Representatives. The bill boasts heightened copyright laws that claim to protect free speech and creativity while it actually accomplishes the opposite. Online service providers, or OSPs, are the target of SOPA legislation. SOPA places liability for copyright law infringing content on innocent corporations that merely provide a platform for users to share content. Most…

management was made in order to fight digital copyright infringement. Nevertheless various number of issues among copyright owners and users have been brought up and the use of DRM has come into question. Advocates feel the need that it is necessary, while the opponents think that it applies on technological innovation and fair use. Copyrighted material are protected by the legislations and the case laws available in the Indian Laws, but it seems that infringement can never be stopped. As the…

song “Oh, Pretty Woman.” The district court granted that 2 Live Crew’s song was a parody and therefore under fair use with the original song. The Court of Appeals reversed, stating that the commercial nature of the parody made it unfair. The case was argued in 1993 and in 1994 the U.S. Supreme Court unanimously decided in favor of Campbell, stating that not all of the elements of fair use were weighed. They found that the Court of Appeals had erred in “applying the presumption of that the…

In 2005 when YouTube first launched, people would likely be shocked to hear that there was a lawsuit between two creators over the content that they were producing–it seemed entirely unheard of at the time, but last year, a lawsuit was filed between two YouTube creators, MattHossZone and h3h3productions. This is the first big lawsuit filed between two creators in YouTube history. H3h3productions, a YouTube channel created and run by husband-and-wife duo Ethan and Hila Klein, showcases the…

In the case of Monge v Maya Magazine, Inc. the plaintiffs are Latin American celebrities Noelia Lorenzo Monge and Jorge Reynoso, with Maya Magazine, Inc., as the defendant. Monge, a pop singer and model, had gone to great lengths in order to keep her marriage to Reynoso a secret from the public with the objective of preserving her public image as a ‘young, single, pop singer,’ as mentioned in the Monge v Maya Magazine Inc. Appellate case documents. Oscar Viqueira, a paparazzo and occasional…

Copyright laws have grown to become a very prominent issue in this country. As the number of developers, artists, and other cretaors increases, the more subjects we have available to compare to other objects, the higher chances there are that two of said objects will be considered similar enough that one of the, or even perhaps both parties involved will feel cheated by the other, giving context on the increasing amount of copyright laws and trials. The cases of Sony 's Betamax and Grokster 's…

Illustrators and artists should be allowed to use photographs under the copyright “Fair Use” without having to pay any royalties to, or ask permission from to the original photographer or copyright holder. If the new work is transformative of the original photograph, then artists should be able to use photographs in their work because they serve as inspiration just as other art forms do. Shepard Fairey was born in Charleston, South Carolina in 1970 (“Obey Giant” CV). He graduated with a B.A.…

+Techno Math im pretty sure you're even allowed to use and monetize it if your work falls into fair use meaning you use it as background music for example. Aslong as you put your own work into your video that should have something unique/ the song shouldnt be the essence of your video, as far as im concerned. Nevertheless big music companies will often try to get your video down even if your using it fairly. The system is rigged. walked through the halls of CTU New York. This man held a…

an actually genre on the grounds that a mixer is using other people’s work. Mixing is actually a widely practices art form of music that in certain circles is in fact recognized as an art form. If much of the public stays close-minded on those who use other people’s music to create a new sound and only consider them to be plagiarists, this genre of music won’t be able to go anywhere. If mixers they are able to create a new sound using sounds from different sources that, even if still be…