The video made by Professor Faden is not breaking copyright law. He is clear on his purposes for using Disney clips and what the video is about. The video created by the professor does not harm the original value of the work, it has a specific educational purpose that is non-profit, the video clips are short and they are enough to describe the video purpose. In the Fair(y) Use video, Professor Faden does no harm or damage to the original work’s value. The video clips are short enough to the point where there is really no room to degrade the original value. On the online website, Copyright.gov, it explains that in order for the new work to be considered by the court as breaking copyright, it has to somehow affect the value of the original work, …show more content…
In this case faden’s clips are no longer than 6 seconds and they all flow naturally like a sentence. The clips are short but long enough for Faden’s educational point to come across. The whole statement that Faden is trying to prove is that as long as you stay in the guidelines of fair use, it does not matter how big the company is that you are dealing with. You just have to simply follow the guidelines and clearly state your reasons for creating the work. The last point is that professor Faden must have a creative twist to his work. An example of this is the Led Zeppelin case. This band was more of a remix type of band. They would take old songs and add or take away certain materials to the music to make it their own original work piece. Many bands and other artists tried to sue this band, but they failed as the courts decided that Led Zeppelin twisted the materials enough for them not to break copyright. In professor Faden's case, he did not do any type of copyright infringement. He took the small video clips and designed them to form a completely different
Throughout the video Faden uses a wide variety of clips from different Disney but he never uses more than he needs to. The University of Maryland University College’s guidelines for how much of a copyrighted work you can use include only using the amount you need, and not exceeding the expectation of how much you can use. Faden demonstrates this by using only what he needs to get his point
The copyright on Eric Faden is fair use because it’s used to teach kids about copyright laws. He is not making any money off of the remix. He is not looking in making profit, he is simply educating. He borrowed very small pieces of Disney films to transform into a remix. He also cited all the movies he took, and gave credit to disney. Some people say it’s copyright because he didn’t get permission from Disney.
The video A Fair(y) Use Tale Trial by Professor Eric Faden was created with the purpose of educating it’s viewers about Fair Use principles. It creates a transformative work through different Disney movie clips each only a few seconds long strung together in order to explain Fair Use and Copyright in an entertaining and original way. The video is noncommercial, and no profit was gained by Professor Faden in producing the work or after it was displayed.
In the article “Recut, Reframe, Recycle”, the authors state that the four factors that the Copyright Act refers to when considering fair use are: 1). The purpose and character of the use, 2). The nature of the copyrighted work, 3). The amount of the work that was used, and 4). The effect on the potential market for value of the copyrighted work (profit). The purpose of the “Fair(y) Use Tale” remix film was intended for entertainment and educate viewers about copyright and fair use principles. The film was noncommercial, creative
The plaintiff claims that Mr. Faden is guilty of copyright infringement, from the mash up of numerous disney productions for the use of educational purposes of copyright and how the law works. I'm here today to defend Professor Faden, because i can prove that he is in fact innocent.
In the defense of Professor Faden, I believe that his video is protected under fair use. The intentions of the video was to teach others about copyright, and because it was used for educational purposes, it is completely legal for Faden to have used the scenes from the Walt Disney Studio films. In the Title seventeen, Chapter one of the United States code, it states that the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes, is protected under the fair use doctrine.
When The Copyright Act of 1976 was enacted works created after January 1, 1978, are automatically given statutory copyright protection for life of the author plus 70 years. (Miller R. J., 2011, pp. 125-126) For someone to go against the rules of a copyright this is called a copyright infringement. A copyright infringement occurs if a substantial part of a copyrighted product has been reproduced. (Miller R. J., 2011, p. 127) Damages can vary from case to case of copyright infringement. Based on the type of damage caused it will be classified as actual damages or statutory damages. Actual damages are based on the harm caused by the copyright holder by the infringement. (Miller R. J., 2011, p. 127) Statutory damages may not exceed $150,000. Criminal proceedings may result in fines and/or imprisonment. There is a notable way to waive the copyright by
In the Walt Disney Studios v. Faden case, I will be defending Faden. Faden’s movie is fair use, he doesn’t break any copyright laws, and the four factors help prove this. The purpose and character of his use, the nature of the copyrighted work, the amount and sustainability of the portion taken and the effect of the use upon the potential market all will help Faden in this case. The purpose was to help educate others on copyright and how it works, purely for entertainment. The character of his use wasn’t to effect Disney in a harmful way.
Fair use limits the rights of the copyright holder by allowing unauthorized copying in circumstances that are roughly consistent with promoting economic efficiency. According to Susan M. Bielstein in her book, Permissions, a Survival Guide: Blunt Talk About
Eric Faden is an Associate Professor of English, he was hoping to teach his students and many people online about copyright and the rules of it. He also wanted to poke a little fun at Disney for being strict on copyright. The entire video was made up of various Disney movie scenes with no more than a few seconds each clip. He used the scenes to make up sentences of the copyright rules, what he did was very clever.
educational purposes, we still need to give credit where it belongs. When we display fair use,
Longer copyright terms can prove beneficial for large mass media companies as evidenced by The Walt Disney Company’s lobbying for the Copyright Term Extension Act. This act, often dubbed the Mickey Mouse Protection Act, extended copyright protection for an additional twenty years in 1998. Consequently, Mickey Mouse is now set to enter the public domain on January 1, 2024. Disney will once again have the opportunity to lobby for extension and evade Mickey’s copyright expiration, thus preventing its most iconic character from entering the public domain. This holds pressing significance because lobbying for further extension legislation would likely occur within the next few years.
Fair use is a defense to copyright infringement that essentially asks of any particular use; Is this fair?
The Trio’s creative output could potentially be copyrighted to protect their intellectual property. For starters, they and their product meet the four main conditions to satisfy for copyright protection; the item must be copyrightable, the item must be sufficiently copyrightable, the author must be a qualified person, and the item must exist to some extent of tangibility (Bainbridge, D. 2006). Because the animation itself is uploaded on the internet, it is considered tangible and therefore subject to be copyrighted. The three members of the Trio have graduated from a bachelor’s degree in communications, which covers a range of topics including visual material. This means that they are qualified to
Copyright law exist to prevent people from taking advantage on another’s creative work where Peterson J quoted