Tuesday, October 12, 2021
Tuesday, October 5, 2021
Sunday, September 19, 2021
|Postcard: Malo-les-Bains - Avenue Kleber, |
sent 30 April 1915
Thursday, September 2, 2021
|the queen of residuals|
photo:angela george (modified)
Saturday, August 21, 2021
Saturday, August 7, 2021
- the purpose and character of the use. We think that your examples demonstrate two classic fair use purposes: commentary and research. This factor favors those who transform the material taken from the copyrighted work "by using it for a broadly beneficial purpose different from that of the original."(The Code of Best Practices in Fair Use for Academic and Research Libraries).
- the nature of the copyrighted work. The examples -- a medical chart, a photograph, a book -- are factual works that have been published, two qualities that favor fair use (unlike imaginative, creative, and fictional works, or unpublished works). Also, fair use is favored when the work (from which the material is taken) is out of print.
- the amount and substantiality of the portion used. The less you take from the original work, the more this factor favors fair use. This standard is based on the quantity and the quality of what is taken -- that is, are you taking the heart of work? At the same time, how you reproduce the work -- for example, photographs used as thumbnails -- can make it more likely that a court would rule for fair use.
- the effect of the use upon the potential market. Even though the point of a grant proposal is to receive money, the particular uses described in your examples are to support your arguments for providing a public benefit. In summary, the grant-seeker isn't depriving the copyright owner of sales of the original work (from which the chart, photo, or text is taken).
Tuesday, July 27, 2021
|Margaret Mead, anthropologist|
Wednesday, July 14, 2021
|, Borkum, Alter Leuchtturm,|
“I bequeath all income derived from my toy, Waddle Wheels, to the charity, Corvid Recovery Group. Waddle Wheels income includes but is not limited to royalties paid under the MakeGo Licensing Agreement.”
Friday, July 9, 2021
Tuesday, June 29, 2021
|We love musician biographies and memoirs. |
(One of our favorites is Playing the Bass
With Three Left Hands by Will Carruthers.)
Saturday, June 19, 2021
Pre-1964 photos. We assume copyright lapsed because the owner of the photographs failed to renew copyright (a requirement for all works published from 1926 through 1963). If the photographs were first published within books, you can verify public domain status at Stanford’s Copyright Renewal Database.
Thursday, February 25, 2021
- the purpose and character of your use. The first factor weighs in your favor because you are commenting upon the video.
- the nature of the copyrighted work. We can't help you with the second factor because we don't know whether you are copying a factual or fictional work (and in any case, the second factor usually has little effect on the outcome).
- the amount and substantiality of the portion taken. In the case mentioned above, the YouTube celebrities copied three minutes of content from a five-and-a-half-minute video. In your case, you're copying the full episode. Copying a complete work is usually interpreted against a fair use claim. That's not to say you can't win a fair use ruling. Forty years ago, the Supreme Court permitted copying of a complete television program.
- the effect of the use upon the potential market. As to the fourth fair use factor, courts are interested in whether your video serves as a "market substitute" for the Netflix episode.Your degraded audio and video work in your favor as does the commentary. According to the Supreme Court "the role of the courts is to distinguish between biting criticism that merely suppresses demand and copyright infringement, which usurps it." In short, if what you are doing is more like camming and less like a reaction video, you'll have a harder time making a fair use claim.
Sunday, January 31, 2021
Tuesday, January 5, 2021
Tuesday, December 15, 2020
- You can't claim copyright in photos published before 1925 or in unpublished photos taken by photographers who died before 1950. These photos are in the public domain and free for anyone to copy.
- You can't claim copyright solely based on your ownership of a photo. Purchasing a print is not the same as purchasing the copyright.
- You can't register your report with the Copyright Office unless you declare whether your book contains pre-existing works. Pre-existing works might include your public domain photos, a foreword by a third party, or any previously registered or previously published works that are included in your book. The goal is to show what you contributed (the text).
- You can't require attribution unless you have an agreement such as a license that requires it. (You can sue under the Digital Millennium Copyright Act, however, if the infringer removes copyright management information (CMI).)
Tuesday, November 17, 2020
Tuesday, November 10, 2020
Tuesday, October 27, 2020
If you're filing the Form SR separately (Form SR reflects the sound recording), we think you should use your newer remastered vinyl because that is the best sonic version and you will likely use that for downloads going forward.
If you qualify to file the SR and PA as one application (or you need more information), you'll be best served by using the vinyl version as deposit materials. You can find more on these filing regulations in our Music Law book and in the music copyright lectures, we recorded for Lynda/LinkedIn.
Wednesday, October 14, 2020
Dear Rich: I bought several $1 squishy animals and have taken pictures of them and shared the pictures with friends. If I use these pictures in a book do I infringe on the toy company’s trademark?
It's unlikely that your book will trigger an infringement lawsuit or a response from the toy company. Here's why:
- Most squishy animals ("SA") have a generic appearance with indistinguishable features. If yours are similar, it's not likely that a toy company would come after you. It's difficult to protect generic designs.
- If you're making a book that simply displays your collection of SA photos, or you're just going to be distributing your book among friends or relatives, or you don't expect to sell more than a few hundred copies, it's unlikely the toy company will bother going after you even if it had the rights.
- Unless you've created characters from your SAs and unless those characters became a sensation (books, movies) you'll probably never hear from the SA manufacturer.