Copyright law's fair use doctrine is embedded in 17 USC 107, which provides:
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A [a copyright owner's exclusive rights to publish and distribute copyrighted works] , 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
The four "fair use" factors require a fact intensive analysis. So what do you think of Kutiman's mashup/remix of videos he found on YouTube (video below)? Cool? Yes. Fair use? You decide, and check out Kutiman's other "Thru You videos on YouTube here.
Kutiman's thru-you.comhttp://thru-you.com/ says: "Check out the credits for each video - you might find yourself".
Yes, another way for America to find itself. Will Kutiman be YouTube's Andy Warhol, doling out 15 seconds of fame to the famous and not-so-famous?
HT to Mike Masnick of Techdirt.
More Copyright Litigation Blog posts on the fair use doctrine here.
Copyright Litigation Blog reporting on Max Papeschi and the continuing NaziSexyMouse controversy here. Pamela Geller, author of Atlas Shrugs Blog (and author of The Obama Administration's War on America's post "The left owns western culture. Music, media, arts. Where does the road of leftism lead? To hell." Full post here. That's a relief! Up until now, everyone was thinking that NaziSexyMouse was a vast right wing conspiracy.
Purchase Copyright Litigation Handbook from West here
Friday, July 16, 2010
Copyright Law: Fair Use Fridays - Kutiman Mixes YouTube - The Mother of All Funk Chords
Labels: 17 usc 107, copyright infringement, copyright law, copyright litigation, fair use doctrine, kutiman, mashups, max papeschi, pamela geller, techdirt, video law, video uploads, youtube
Partner in law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2018-2019). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.