Just When is Fair Use Truly Fair?

By Heather Faucher | Posted on September 18, 2009 | Filed Under Copyrights 

Copyright infringement refers to the unauthorized or unlicensed copying of a copyrighted work.  Copyright law exists to provide protection to authors, artists, and developers or other copyright holders so they can make their livings off of their copyrighted work without fear that others will steal or copy their work for their own commercial or inappropriate use.  One potential defense for those accused of copyright infringement is that of “fair use.”  The fair use doctrine came into existence due to a succession of court decisions over the years that was later codified into U.S. law in Section 107 of the Copyright Law.

Sometimes it’s difficult to define just what constitutes fair use according to this law.  Unfortunately, the truth of the matter is that fair use can be best described as a murky land with invisible and hard-to-define boundaries.  Especially with the ever-increasing expansion of cyberspace.  So how can you tell just when fair use is, in fact, fair?  Well, the best method is, of course, to hire an experienced copyright attorney to go over the facts of your case.  Barring that, though, you can consider the following four factor fair use analysis and how the factors apply to your specific situation.

Read more

Tenenbaum Admits Copyright Infringement For Music File-Sharing: Part 2 of 2

By Heather Faucher | Posted on August 11, 2009 | Filed Under Copyrights 

Ouch! A Boston federal jury recently ordered Joel Tenenbaum to pay a total of $675,000—$22,500 per song—to the major record labels, deciding that he willfully infringed 30 songs, downloading and distributing them over the KaZaA peer-to-peer (P2P) network. The jury handed down its verdict late Friday afternoon after only a little over three hours of deliberation.

Tenenbaum’s attorney, Harvard Law School professor Charles Nesson, believes that “it’s a bankrupting award.” He suggested that things might have fallen differently had they been allowed to argue Fair Use. “We were not allowed to speak to fairness. I thought we had pretty damn good arguments on Fair Use.”

“I’m disappointed, but not surprised, but I’m thankful that it wasn’t much bigger, that it wasn’t millions,” Tenenbaum said after the verdict was announced. He stated that he does not have the funds to pay the judgment rendered against him. Should the award stand, Tenenbaum plans to file for bankruptcy. He also said that he was “not displeased with the jury considering how the trial went.”

One group who isn’t displeased with the verdict is the RIAA. Read more

Tenenbaum Admits Copyright Infringement For Music File-Sharing: Part 1 of 2

By Heather Faucher | Posted on August 11, 2009 | Filed Under Copyrights 

The copyright infringement case for Boston University graduate student Joel Tenenbaum has been a closely-watched and hotly-contested one. Accused of downloading and uploading music illegally via peer-to-peer (P2P) software, Tenenbaum originally denied the allegations brought against him by the RIAA, going so far as to lie in written discovery responses and denying all responsibility. But when he took the stand at his copyright trial, he finally stopped lying.

“This is me. I’m here to answer,” said Tenenbaum. “I used the computer. I uploaded and downloaded music. This is how it is. I did it,” he testified in a packed courtroom.

“Are you admitting liability for all 30 sound recordings” on which the record labels brought suit, asked the plaintiffs’ attorney Tim Reynolds.

“Yes,” said Tenenbaum.

“Why did you lie at that point?” asked Tenenbaum’s attorney, Harvard Law School professor Charles Nesson.

“It was kind of something I rushed through,” said Tenenbaum. “It’s what seemed the best response to give. He went on to say that, when he gave the admittedly-false discovery responses, he had been acting on the advice of his mother Judith, an attorney employed by the Commonwealth of Massachusetts.

Once he gave those clear-cut admissions, he sealed his fate. Read more

When Does Being a Diehard Fan Become Copyright Infringement?

By Heather Faucher | Posted on June 25, 2009 | Filed Under Copyrights 

One high-profile case from 2008 illustrated a rising issue in copyright law as use of the Internet proliferates.  When does being a diehard fan of something become copyright infringement?  And will the “fair use” exception allowed under U.S. copyright law pull your fat out of the infringement fire?

In late 2008, a U.S. judge sided with J.K. Rowling, author of the blockbuster book series Harry Potter, in her copyright infringement lawsuit brought against a fan and website operator who was in the process of publishing a Harry Potter encyclopedia.  Once known for praising that particular fan website, the proposed encyclopedia had her changing its tune because, according to her, the lexicon was nothing more than a rearrangement of her material.

U.S. District Judge Robert P. Patterson agreed, ruling that Rowling had proven that Steven Vander Ark’s “Harry Potter Lexicon” would cause her irreparable harm as a writer.  He also permanently blocked publication of the Lexicon and awarded Rowling and her publisher $6,750 in statutory damages.

Read more

• Search for:

• AFFILIATE STATUS DISCLOSURE:

  You should assume that the owner of this website is an affiliate for providers of goods and services mentioned on this website and may be compensated when you purchase from a provider. To learn more, click here.

• Recent Posts

  • Just When is Fair Use Truly Fair?
  • Bankruptcy Basics
  • Sorry, No Tweet For You!!!
  • Gosselin Claws Come Out…
  • We’ve Come a Long Way Baby!
  • Tell Me No More Lies…Or Else!
  • First-Time Homebuyers Q&A: Part 6..
  • Back to School Basics: When Are Student Loans Dischargeable Through Bankruptcy?
  • Prenuptial Contracts Gaining Traction Worldwide…
  • There May Be Hope for the Real Estate Market Yet!

• Other Resources