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View Diary: Louisiana Threatens To Sue MoveOn Over Billboard (257 comments)

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  •  aoeu (8+ / 0-)

    Quite a lot of difference between copyrights and trademarks.

    All my rights reserved.

    by TealVeal on Fri Mar 07, 2014 at 07:46:23 AM PST

    [ Parent ]

    •  besides, if the campaigns (8+ / 0-)

      paid their ASCAP & BMI licensing fees, they can use the songs at an event, and it really doesn't matter (except for PR) what the artist(s) thinks. Basically, it is like a bar having a juke box.  If they wanted to use the song in a broadcast ad, there's a whole different set of paperwork to deal with.

      "Labor was the first price, the original purchase - money that was paid for all things" -- Adam Smith

      by HugoDog on Fri Mar 07, 2014 at 08:17:08 AM PST

      [ Parent ]

    •  please elaborate! (2+ / 0-)
      Recommended by:
      Donkey Hotey, kbrown2225

      I am an environmental lawyer and really don't konw this area well, and I need the CLE credit....


      •  here's a good case. (0+ / 0-)

        Campbell v. Acuff-Rose Music, Inc.
        Creators of parody may be faced with questions of copyright infringement. In this 1994 decision, the Supreme Court held that a commercial parody may be a “fair use” in accordance with Section 107 of the Copyright Act, as a defense against an accusation of copyright infringement.
        In this case, rap group 2 Live Crew’s song “Pretty Woman,” a parody of Roy Orbison’s rock ballad, “Oh Pretty Woman,” was challenged by Acuff-Rose Music, Inc. as an infringement on the company’s copyright on the Orbison tune. The publishing company contended that Campbell had not made fair use of Orbison’s song. They pointed out that Campbell’s version used the original work for commercial purposes and that he had taken too much of the original work.
        Campbell countered that his parody was fair use. The U.S. Supreme Court took the case to determine whether 2 Live Crew’s commercial parody was indeed a fair use.
        A fair-use analysis, according to the Court, involves four factors: “1) purpose and character of the use, including whether the use is commercially motivated or instead is for nonprofit educational purposes; 2) nature of the copyrighted work; 3) amount and substantiality of the portion used in the newly created work in relation to the copyrighted work; and 4) effect of the use upon the potential market for or value of the copyrighted work.”

    •  I meant (3+ / 0-)
      Recommended by:
      Donkey Hotey, mungley, SilentBrook

      not in general, but with respect to this particular application.  Fair Use for parodies applies to both, right?

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