Back to FrontPage  or What is Copyright

 

 

 

http://cyberlaw.stanford.edu/blog/2007/03/fairy-use-tale

 

This is the text for the video. Yes, I went through and typed up the whole thing. Whew!

The video is is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License.

 

A Fair(y) Use Tale

by Eric Faden

 

The following film is not associated with, authorized by, or should be confused with any product produced by:  Disney

 

Copyright Law

Chapter 1: Copyright Definition

 

What the *** is copyright? What? What the *** is copy copy to the right to the right… right right right right!

It’s that law that’s the problem. You know the law, that stupid law. What the *** is copyright? I’ll tell you! Copy, right?

Copyright is a permanently fixed original work in some form of … can be seen or heard.

Now listen. This is important. Only the copyright owner has the right to use their work.

It’s mine (mwa ha ha!). How can that be? That’s not fair.

It’s forbidden to use a copyright work without permission granted  by the copyright owner.

And anyone who is foolish enough to threaten our copyright has broken the law.

Aren’t we forgetting one teensy weensy but ever so crucial little tiny detail? You’d better be able to pay for that! Copyright permission.

We haven’t discussed the subject of payment. You can’t get something for nothing, you know.

But I don’t have any…

I’m not asking much. Just a token really, a trifle.

Hold on. Back up. Are you sayin’ that this is about money?

I’m sorry sir, I don’t have any money.

Extortion! I prefer the term ‘capitalist.’

Hear that sound? That’s the sound of your freedom fluttering out the window.

 

Chapter 2: What Things Can be Copyrighted

 

Well there’s new things, like…

I’ll borrow this one.   (book)

Music…   (song)

On 3… one, two… (movies and pictures)

No, no, no, no, wait… wait!

Listen carefully… you can’t copyright an idea.

Yes, I can. Can’t. Can. Can’t.

But why?

Our culture thought that it would be unwise to limit the power of the great idea.

So we can only copyright the form an idea takes.

What does that have to do with anyth…?

No, no, he’s got a point.

 

Chapter 3: Copyright Duration and the Public Domain

 

The law says that copyright only lasts for a fixed amount of time.

For example, copyright used to last just 14 years.

What?

Copyright used to last just 14 years.

We know!  I know, I know, I got the concept.

Our culture thought that was long enough for a copyright owner to make money from their work.

Oh….

After just 14 years, that work fell into the public domain so anyone could use the work.

What the *** is the public domain?  Anyone?

The public domain is a disgrace to the forces of evil.

What are you saying exactly? Eh..

Work in the public domain is free for anyone to use.

Can you do that?

Yes it’s essential, because the culture created new ideas by building on earlier works.

Ah, so the public domain is necessary for a living, thriving society.

Duh!

Unfortunately, copyright keeps getting longer and there seems to be no limitation of how long copyright lasts. It’s called a cruel irony.

For example, copyright now lasts a lifetime plus 70 years.

And for a company, copyright lasts over a hundred years.

So copyright lasts more like, forever.

Well this is just…  oh my…  Dilbert, will you please explain how ridiculous this is?

It’s totally preposterous!

 

Chapter 4: Fair Use

 

What the *** is fair use?  Eh, you might want to run that by me, again.

What the *** is fair use?

This might sound crazy but there are limitations on copyright? Oh…

Is it possible?  Yes…

Copyright may be broken, but it’s slippery.

You can borrow a small amount of a copyright work to …

Teach: Gonna let you teach that guy a lesson.

News Reporting: To be believed… there has been a child security breach.

Parody:  (the genii pretending to be a talk show host)

Critical Comment:  It is my professional opinion that now is the time…

Well how will I know if it’s fair use?

There are certain rules that demonstrate fair use.

Nature: Well first of all, it’s the nature of the work you borrowed.

Amount: Second of all, it’s the amount you borrowed.

Commercial Impact: Oh, and there is one more thing. It has to be something that doesn’t change the original work’s value in the marketplace.

Pay attention, everyone. This is important.

It’s like I always say. Fair use is not a right.

But what is it?

Fair use is only a legal defensible position.

And this is not fair!

 

Chapter 5: Why use Disney Cartoons?

 

Because this company is intimidating!

Anybody who takes a copyright work…

if you’re going to threaten me, do it properly!

The point is, if fair use actually works then movies like this one will have legal protection.

And that concludes our broadcast day.

What was that?

I have no idea.

 

Credits…

 

Whoo, hoo! I hope we get a copy of that tape!