Fluffy Bunny
No, it's not another post about EU Commission Vice President Margot Wallström. Instead, I'd like to make note of several spurious accusations made by Grand Inquisitor Torquemada as part of his continuing conversion efforts. I'd also like to note that even the late John Paul II cannot help your case when you misspell "infinitesimal" when insulting my intelligence. Your continuing terror campaign to make me a Sad Panda shall not succeed, much like his previous efforts to cow free men to the Papist Yoke!
No posting to-day, except this note on current law regarding Parody.
"The U.S. Supreme Court has since reviewed this case. It decided that the existence of a commercial purpose does not destroy the fair use exception to copyright infringement. A four factor test must be applied.
Those four factors are:
a)the purpose and character of the new use (including the question of a commercial purpose)
b)the nature of the original work
c)the amount and substantiality of the portion used in relation to the original work as a whole
d)the effect of the new use on the market or value of the original.
The Supreme Court stated that the first factor should be more a question of whether there was a verbatim copying or whether the new use transformed the original and how extensive was the transformation. The Court of Appeals decision was based upon the rule that every commercial use is presumptively unfair. The Supreme Court rejected this rule, stating that the finding of a commercial use is only one factor in determining fair use.
There were other issues and rules expressed by the Supreme Court, but they are unrelated to the parody discussion. Suffice it to say that the parody continues to be a fair use exception to copyright infringement."
No posting to-day, except this note on current law regarding Parody.
"The U.S. Supreme Court has since reviewed this case. It decided that the existence of a commercial purpose does not destroy the fair use exception to copyright infringement. A four factor test must be applied.
Those four factors are:
a)the purpose and character of the new use (including the question of a commercial purpose)
b)the nature of the original work
c)the amount and substantiality of the portion used in relation to the original work as a whole
d)the effect of the new use on the market or value of the original.
The Supreme Court stated that the first factor should be more a question of whether there was a verbatim copying or whether the new use transformed the original and how extensive was the transformation. The Court of Appeals decision was based upon the rule that every commercial use is presumptively unfair. The Supreme Court rejected this rule, stating that the finding of a commercial use is only one factor in determining fair use.
There were other issues and rules expressed by the Supreme Court, but they are unrelated to the parody discussion. Suffice it to say that the parody continues to be a fair use exception to copyright infringement."


1 Comments:
Yarr. I never showed you what Famine wrote to me. On the same topic, and definitely worth reading.
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