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View Diary: Spocko Rocks ABC! Micky Mouse blinks! Updated: Spocko jumps in (391 comments)

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  •  Okay, I'm available... (20+ / 0-)

    ...if you want legal help.  You can google me -- Camille Abate -- or you can check out my law website,, or my new insitute's fledgling (i.e., unfinished) website,

    In any event, I'm very familiar with Rule 11 motions and with federal practice, and it would be fun!

    Politics is like football; if you see daylight, go through the hole. -- JFK

    by camie53 on Thu Jan 04, 2007 at 07:54:31 AM PST

    •  Re Fed.R.Civ.P. 11 . . . (2+ / 0-)
      Recommended by:
      Phoenix Woman, sockpuppet

      Juan Cole implies that it is an open question whether audio excerpts fall within fair use. If so, rule 11 sanctions would be inappropriate it seems, so long as Disney can make an argument that they don't, and the argument passes the smell test.

      Perhaps the standards for SLAPP liability are different.

      •  Is Juan Cole a lawyer ? (3+ / 0-)

        I thought he was a professor of Middle East Studies at the University of Michigan.

        Does the devil wear a suit and tie, Or does he work at the Dairy Queen- Martin Sexton

        by strengthof10kmen on Thu Jan 04, 2007 at 08:50:34 AM PST

        [ Parent ]

        •  Anyone can read the law.... (4+ / 0-)

          as I lawyer I can tell you that. BTW, here is the full text of Title 17 section 107:

          Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

                1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
                2. the nature of the copyrighted work;
                3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
                4. the effect of the use upon the potential market for or value of the copyrighted work.

          The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors

          For more info go here:

          One more thing, radio and TV stations use the Fair Use doctrine all the time. Why do you think that they are able to go to the ESPN sports highlights?

          "Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful." Seneca

          by Ralfast on Thu Jan 04, 2007 at 10:09:22 AM PST

          [ Parent ]

          •  And anyone can read the law wrongly (2+ / 0-)
            Recommended by:
            sockpuppet, Captain Nimrod

            As I pointed out above, there is no question that fair use applies to audio.

            Juan Cole is wrong.  

            •  Prof. Cole (2+ / 0-)
              Recommended by:
              SarahLee, sockpuppet

              was actually suggesting a different method of attack, that would make it harder on the Disney lawyers to go after Spocko, not as a way to invalidate his work and success.

              "Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful." Seneca

              by Ralfast on Thu Jan 04, 2007 at 10:52:03 AM PST

              [ Parent ]

              •  But it isn't as powerful if people can't hear it (3+ / 0-)
                Recommended by:
                Ralfast, javelina, sockpuppet

                Yes, text should also be used since not everyone will listen to an audio clip.

                But for people who will listen, it has more of an impact.

                He is wrong when he writes, "The posting of audio clips might or might not be fair use."

                It is fair use.

                •  He is right in hedging his bets: (1+ / 0-)
                  Recommended by:

                  At first blush it would appear to be fair use, but there are lot of variables, including length, use and purpose. The closer to parody or academic use the safer you are but the the inverse is true, the closer you are to commercial use the easier is to invalidate Fair Use. Its a grey area of the law, especially for someone without any legal coffers.

                  Besides, this is more of an intimidation tactic, to scare Spoocko and others from taking on Disney and their hate filled radio talk shows.  

                  "Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful." Seneca

                  by Ralfast on Thu Jan 04, 2007 at 11:28:10 AM PST

                  [ Parent ]

                  •  He is using it to criticize KSFO (3+ / 0-)
                    Recommended by:
                    Ralfast, checkmate, sockpuppet

                    which is just as valid for fair use as parody or an academic use.

                    We shouldn't hedge our bets on fair use.  We should use the law as it is intended to be used and not back down because of attempts at intimidation.

                  •  Audio clips (2+ / 0-)
                    Recommended by:
                    tikkun, Ralfast

                    Most are under 2 minutes.  I haven't had a chance to edit any of them down yet, but I'll work on it this weekend.  The problem becomes context - a 10-15 second clip doesn't really get the point across very well.  We'll see...

                    Camille, I'll be hollering for you if we run into trouble.  

                    •  Any tips on editing.... (1+ / 0-)
                      Recommended by:

                      I want to squeeze some of Olbermann's excellent Special Comment from Monday night (have the whole thing on Mp3 thanks to the MSNBC podcasts). What I want to do is to contrast Keith with Newt Gingrich and his podcast message on YouTube. Is part of the my new podcast, trying stuff out as far as format and content.

                      "Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful." Seneca

                      by Ralfast on Thu Jan 04, 2007 at 03:50:54 PM PST

                      [ Parent ]

                      •  Sorry I'm late (3+ / 0-)
                        Recommended by:
                        SarahLee, tikkun, Ralfast

                        What app are you using?

                        Audacity is great (and free!).  I have Acid Music Studio, Adobe Audition and Magix Music Studio - they all have their pros and cons.

                        Any multi-track app should work well.  I'd be happy to help, if I can.  ripley>

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