Category: Fair Use

Not all is fair in and links

Brian Morissey, Digidaily, Publishing in the Remix Era “The latest exhibit is page-sharing service The pitch is it’s “YouTube for web pages.” It sounds benign, but the results could be scary for publishers. lets anyone dump a URL into the platform, and then start editing a web page for sharing. The result: the New York Times story on… Read more →

Remix Revisited

The NY Public Library event Remix: Making Art and Commerce Thrive in the Hybrid Economy with Lawrence Lessig, Shepard Fairey, Steven Johnson was well-attended and lively discussion, even if the panel was comprised entirely of copyright moderates with no mainstream maximalists or crazy abolitionists. Here are some rough notes, transcribed and re-ordered from what I wrote down at the panel:… Read more →

YouTube, Fingerprinting and Fair Use

Critic and filmmaker Matt Zoller Seitz wirtes an essay about how YouTube and the DMCA Takedown procedure are harming online film criticism, The House Next Door: Copy Rites: YouTube vs. Kevin B. Lee: “When the history of intellectual property law is written, January 12, 2009 should be marked as a decisive moment. It was the day that my friend, fellow… Read more →

Accio Injunction

In what is likely to be the most magical copyright case to come to the Southern District of New York this year, US District Judge Robert Patterson ruled in favor of Warner Brothers and J.K Rowling against RDR Books, finding that the publisher of the Harry Potter Lexicon infringed on the plaintiffs’ copyrighted expression in the collected Harry Potter works.… Read more →

Muggles and Fair Use

J.K. Rowling testified this week in her lawsuit against the publisher of a book version of The Harry Potter Lexicon, Warner Bros. Entertainment Inc. v. RDR Books. Mark Hamblett, New York law Journal: Harry Potter Author Fights Creator of Lexicon, Calling It ‘Wholesale Theft’: “In pointed and at times emotional testimony, Rowling employed a sharp tongue to charge that a… Read more →

Taking Down the Shred

Wired: Humorless Metalheads Shut Down Popular YouTuber: “The three unnamed artists filed copyright infringement claims against the parody videos of Finnish media artist Santeri Ojala, causing YouTube to shut down his account over the weekend.… Ojala’s popular videos poked harmless fun at famous guitar soloists by dubbing his own abhorrently bad strummings over rock concert footage.” The “shreds” videos live… Read more →

Gawker, Scientology and Fair Use

The Church of Scientology requests that Gawker remove a clip of Tom Cruise talking about Scientology for copyright infringement, but Gawker is willing to step up and argue that its use is a fair use for the purposes of news reporting. Church of Scientology Claims Copyright Infringement The clip in question, Exclusive: The Cruise Indoctrination Video Scientology Tried To Suppress:… Read more →

Quoting Copyright Material in User-Generated Video

The Center for Social Media at American University has released a study on the quoting of copyrighted material in user-generated video and fair use, Recut, Reframe, Recycle: “The study, Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video, by Center director Pat Aufderheide and Peter Jaszi, co-director of the law school’s Program on Information Justice and Intellectual Property, shows that… Read more →

Catching Up: Derivative Works and Fair Use

These are links I’ve come across in the last couple of months about derivative works and fair use: Dan Brekke,, Tangled up in Seuss: “Ryan took the text from seven Seuss classics, including ‘The Cat in the Hat’ and ‘Green Eggs and Ham,’ and set them to original tunes that sounded like they were right off Dylan’s mid-’60s releases.… Read more →