FAIR USE the most ridiculous legal doctrine like

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FAIR USE the most ridiculous legal doctrine, like, ever Paul Rapp, Esq. Monterey, MA

FAIR USE the most ridiculous legal doctrine, like, ever Paul Rapp, Esq. Monterey, MA paul@paulrapp. com rapponthis. blogspot. com

© is nothing but a bargain

© is nothing but a bargain

COPYRIGHT LAW Protects original works of creative expression in a tangible medium, including: literary

COPYRIGHT LAW Protects original works of creative expression in a tangible medium, including: literary works musical works dramatic works pantomimes & choreographic works pictorial, graphic, and sculptural works sound recordings architectural works software code

BASICS -Original not novel: Independent creation of identical works is theoretically possible. -Threshold for

BASICS -Original not novel: Independent creation of identical works is theoretically possible. -Threshold for “creativity” is low. -Not Protected: Ideas, procedures, process, systems, discoveries, facts, lists, names, simple directions But, the expression of these things in a tangible medium is protected

Exclusive Rights (17 USC 106) -to reproduce, make copies -to prepare derivative works—recast or

Exclusive Rights (17 USC 106) -to reproduce, make copies -to prepare derivative works—recast or adapted -to distribute copies -to perform or display publicly

Since 1978 EVERYTHING that is created automatically receives © protection And stuff created prior

Since 1978 EVERYTHING that is created automatically receives © protection And stuff created prior may not depending on whether the work was published, whether it was published with a © notice, whether it was registered, whether the registration was renewed. . . And there is no database that will tell you what’s covered and what’s in the public domain. So appropriation art is fraught with danger.

Infringement -the violation of one or more of a copyright holder’s exclusive rights There

Infringement -the violation of one or more of a copyright holder’s exclusive rights There must be copying -a substantial (more than de minimis) taking of the protectable elements of a work -inspiration v. taking -copyright holder is entitled to an injunction, damages, destruction of infringing goods -criminal sanctions for severe infringements

I’ll License You A Dream

I’ll License You A Dream

The Wind Cries License

The Wind Cries License

Alphabet Soup

Alphabet Soup

Synch Licenses

Synch Licenses

Limitation on Exclusive Rights: FAIR USE When the social utility of unauthorized copying exceeds

Limitation on Exclusive Rights: FAIR USE When the social utility of unauthorized copying exceeds the social utility of enforcing a copyright. Criticism and commentary (including parody), teaching, and news reporting are all examples of fair use.

blah

blah

as dumb as they wanna be

as dumb as they wanna be

But Biz Markie

But Biz Markie

Leibovitz

Leibovitz

Neilson

Neilson

Fairey

Fairey

source

source

Prince

Prince

He’s Versatile

He’s Versatile

BARBIE

BARBIE

Words and Pictures

Words and Pictures

How Much Is Too Much?

How Much Is Too Much?

Patry

Patry

YOUR FAIR USE BIBLE

YOUR FAIR USE BIBLE

Heart of the Matter

Heart of the Matter

The Doctrine on Doctrine Is Doctrine Important orThe Doctrine on Doctrine Is Doctrine Important or
Wear the most ridiculous clothes you can findWear the most ridiculous clothes you can find
Fair Use and Citing Sources Fair Use andFair Use and Citing Sources Fair Use and
Strategies for Fair Use Fair Use Four factorsStrategies for Fair Use Fair Use Four factors
What is Fair Use n Fair use isWhat is Fair Use n Fair use is
FAIR HOUSING PRESENTED BY FAIR HOUSING 2 FairFAIR HOUSING PRESENTED BY FAIR HOUSING 2 Fair
Fair Play Co to jest Fair Play FairFair Play Co to jest Fair Play Fair
Chapter 2 Introduction Fair Division Fair Division FairChapter 2 Introduction Fair Division Fair Division Fair
Globalization Free trade Fair trade Fair trade FairGlobalization Free trade Fair trade Fair trade Fair
FAIR HOUSING FAIR HOUSING ACT The Fair HousingFAIR HOUSING FAIR HOUSING ACT The Fair Housing
Staying fair while being FAIR Challenges with FAIRStaying fair while being FAIR Challenges with FAIR
Fair Trade Fair Trade Fair Trade is allFair Trade Fair Trade Fair Trade is all
Fair Games Why Fair Games Fair Game ExamplesFair Games Why Fair Games Fair Game Examples
Section 1 4 Fair division Fair division FairSection 1 4 Fair division Fair division Fair
FAIR PRICES FAIR WAGES LIVING WAGES the mostFAIR PRICES FAIR WAGES LIVING WAGES the most
Imperialism Monroe Doctrine The Monroe Doctrine was aImperialism Monroe Doctrine The Monroe Doctrine was a
The Monroe Doctrine Monroe Doctrine Essential Question WhatThe Monroe Doctrine Monroe Doctrine Essential Question What
The Doctrine of Angels The Doctrine of AngelsThe Doctrine of Angels The Doctrine of Angels
Doctrine Covenants 21 24 Doctrine Covenants 21 HisDoctrine Covenants 21 24 Doctrine Covenants 21 His
The Doctrine of God Survey of Christian DoctrineThe Doctrine of God Survey of Christian Doctrine
Doctrine of Equivalents Simple but Complicated Doctrine ofDoctrine of Equivalents Simple but Complicated Doctrine of
JOINT SOF DOCTRINE 101 HIERARCHY OF DOCTRINE NSSJOINT SOF DOCTRINE 101 HIERARCHY OF DOCTRINE NSS
Doctrine Teaching Types of Doctrine Theology True orDoctrine Teaching Types of Doctrine Theology True or
Doctrine Covenants 38 41 Doctrine Covenants 38 41Doctrine Covenants 38 41 Doctrine Covenants 38 41