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

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  •  fair use. (1+ / 0-)
    Recommended by:
    StellaRay

    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.

    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 think a judge (0+ / 0-)

      could rule against this being fair use on the basis of #1---MoveOn is political not educational advertising, and #3---The portion of newly created work in this case is 100%, right down to the type face. #4 is dicey too. It could be argued well that the MoveOn board was harmful to the potential market for or value of the copyrighted work.

      "A typical vice of American politics is the avoidance of saying anything real on real issues." Theodore Roosevelt.

      by StellaRay on Sat Mar 08, 2014 at 07:48:16 AM PST

      [ Parent ]

      •  political speech is the most protected. (0+ / 0-)

        commercial speech has lower levels of protection.

        •  When it comes to corporations (1+ / 0-)
          Recommended by:
          patbahn

          protecting their products and trademarks, believe me, they have very high levels of protection.

          In this case, it's the state threatening to sue, not a corporation. Both litigants would be non profits. But w/a trademark behind them, the state's chances in front of many a judge, particularly in LA,  would be good, for the reasons I pointed out in the Fair Use guidelines.

          None of this is simple, either or stuff.

          "A typical vice of American politics is the avoidance of saying anything real on real issues." Theodore Roosevelt.

          by StellaRay on Sat Mar 08, 2014 at 09:58:23 AM PST

          [ Parent ]

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