Archived posting to the Leica Users Group, 2009/02/22

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Subject: [Leica] Re: Fair use
From: marcsmall at comcast.net (Marc James Small)
Date: Sun Feb 22 13:55:27 2009
References: <200902212348.n1LNlY8R031403@server1.waverley.reid.org> <2D61E862-572C-4793-8AAB-858484B8FB19@optonline.net> <D25FDD4E-6782-4087-AEB5-D188A9DC501D@charter.net> <49A15FE9.20844.1268C4@leica.rcmckee.com> <BB51B594-C997-4C4F-A568-4EC050710757@charter.net>

"Fair Use" is really intended for academic and 
publishing use in commentary and review.  It 
might include, of course, a review of, say, a 
photographic exhibit, but it does not include an 
extension to simply ripping off someone else's work.

By way of example, I am currently reading Carlos 
d'Este's WARRIOR:  A LIFE OF WINSTON CHURCHILL AT 
WAR 1874 - 1945.  I will write a review of this 
for several maritime and military history lists 
to which I subscribe.  I will probably include 
specific quotations.  That is permissible, even 
if the review gets picked up by a periodical and 
I am paid for it.  But such fair use must include 
full attribution or, at the least, have the 
attribution available if questioned about it.

It's really not that odd a doctrine.  I cannot, 
of course, take a paragraph from d'Este and try to pass it off as my own.

The Supreme Court has ruled that satire, if 
obviously such, is not protected by 
copyright.  This decision arose out of a suit 
against Limbaugh and Shanklin for their spoofing 
of rock songs, such as "Bomb, Bomb, Bomb Iraq!" 
to the tune of the Beach Boy's "Barbara 
Ann".  All of those gazillions of spoofs on 
American Gothic are similarly protected.  And 
that portrait of Churchill by Karsch has been 
redone a number of times, often with a bull-dog 
dressed up as Churchill was.  Again, that is protected speech.

Marc


msmall@aya.yale.edu
Cha robh b?s fir gun ghr?s fir!



Replies: Reply from imra at iol.ie (Douglas Barry) ([Leica] Re: Fair use)
Reply from h_arche at yahoo.com (H. Ball Arche) ([Leica] Re: Fair use)
Reply from glehrer at san.rr.com (Jerry Lehrer) ([Leica] Re: Fair use)
Reply from luisripoll at telefonica.net (Lluis Ripoll) ([Leica] Re: Fair use)
In reply to: Message from lrzeitlin at optonline.net (Lawrence Zeitlin) ([Leica] Re: Fair use)
Message from s.dimitrov at charter.net (Slobodan Dimitrov) ([Leica] Re: Fair use)
Message from leica at rcmckee.com (R. Clayton McKee) ([Leica] Re: Fair use)
Message from s.dimitrov at charter.net (Slobodan Dimitrov) ([Leica] Re: Fair use)