A Fair(y) Use Tale!

Media Education Foundation, Challenging Media presents: A Fair(y) Use Tale, a short film by Eric Faden Warning: Federal law allows citizens to reproduce, distribute, or exhibit portions of copyrighted motion pictures, video tapes, or video discs under certain circumstances without authorization of the copyright holder. This infringment of copyright is called "Fair Use", and is allowed for purposes of criticism, news reporting, teaching, and parody. The following film is not associated with, authorized by, or should be confused with any product produced by: Walt Disney Pictures Copyright Law Chapter 1: Copyright Definitions What the heck is copy- right? What? What the heck is copy, copy go right, to the right, right right right right It's that law that's the problem. You know the law. That stupid law. What the heck is copy - right I'll tell ya copy - right is - a permanently fixed original work. - What? A permanently fixed original work in ah, in ah, in some form that can be seen - or heard Hmmm. Now listen, this is important. Only - the copy - right owner - has the - right to - use their work It's mine. How can that be? That's not fair. It's forbidden to use a copy-right work without permission granted. by the copy -right owner. And, ... and, anybody who's foolish enough to threaten our copy - right has broken the law. Aren't we forgetting one teensy-weensy but ever so crucial little, tiny detail ... You'd better be able to pay for that copyright permission We haven't discussed the subject of payment. You can't get something for nothing you know. But I don't have any - I'm not asking much, just a token really, a trifle. Hold on, back up, are you saying This is about money I'm sorry sir, I don't have any money. It is extortion. I prefer the term capitalist. Hear that sound? It is the sound of your freedom fluttering out the window. Chapter 2: What things can be copyrighted? Well there is the usual things like.. ...books... ...plays... ...music... ...dance... ...movies & pictures. No no no no, wait... ...listen carefully. You can't copyright an idea. Yes I can. You can't ... Can! Can't, can't, can't! But why? Our culture thought that... ...it would be unwise to... ...limit the power of... ...a great idea. So... ...we can only copyright the... ...form an idea takes. But, what does that have to do with anything? No no, he's has got a point! Chapter 3: Copyright Duration and the Public Domain The law says... ...copyright only lasts... ...for a fixed amount of time. For example: Copyright used to last... ...just 14 years. What? Copyright used to last... ...only 14 years. We know! I know! You know. I know. I got it. I got the concept. Our culture thought.. ...that was long enough... ...for a copyright owner... ...to make money from... ...their work. Oh! After just 14 years... ...the work fell... ...into the public domain. So anyone could use the work. What the heck is... ...the public domain? ...anyone? The public domain is... ...a disgrace to the forces of evil. What are you saying exactly? A work in the public domain... ...is free for anyone to use. Can you do that? Yes. He said so. Because our culture created new ideas... ...by building on earlier works. Ah, so the public domain... ...is necessary for.. ...a living, thriving society. Duh. Unfortunately... ...copyright keeps getting longer. And there seems to be no limitation... ...on how long copyright lasts. It is called a cruel irony. For example: Copyright... ...now lasts a lifetime... ...plus 70 years. And for a company... ...copyright lasts over 100 years. So copyright lasts... ...more like forever. Well, this is, it is just... Dilbert, would you please explain how ridiculous this is? It is totally preposterous. Chapter 4: Fair Use. What the heck is... ...fair use! I'm sorry, you might want to remind me again, I'm eh.. What the heck is... ...fair use. This might sound crazy but... ...there, there... ...limitations on copyright. Oh! Is it possible? Yes! Copyright may be broken. But it's slippery. You can borrow... ...a small amount... ...of a copyright work to... ...teach... ...news reporting... ...parody... ...critical comment. But how will I know if... ...it's fair use? There are certain rules... ...that demonstrate fair use. First of all... ...it is the nature of the work borrowed. Second of all... ...it's the amount... ..you borrowed. Oh... ...and there is one more thing: It has to be something... ...that doesn't change... ...the original works value... ...in the marketplace. Pay attention everyone. This is important! It is like I always say: Fair use is not a right. But... ...what is it? Fair use is only a... ...legal defensible position. And this is... ...not fair! Chapter 5: Why use Disney cartoons? Because this ...company... ...is intimidating anybody who... ...takes a copyrighted work. If you're going to threaten me, do it properly. The point is: If fair use... ...actually works... ...then movies like this one... ...will have legal protection. And that concludes our broadcast day. What was that? I have no idea. Copyright Law I hope we get a copy of that tape!