Copyright Ruling

[R. Richard]

A woman in Pennsylvania posted a 29 second Youtube video of her toddler dancing to a Prince song, in the background. Prince's attorneys filed a copyright infringement case and it looks like Prince is gonna lose.
The impact of the case should be that 'fair use' is expanded a bit and we authors might be able to legally use a bit of copyrighted material in our stories.
Stay tuned!


http://www.nytimes.com/2015/09/15/b...ight-ruling-sets-fair-use-guideline.html?_r=0

 

[lovecraft68]

I think the fact no money was being made from it helped the cause. Man, how anal do you have to be?

Prince should be happy someone still listens to his music.

 

[sr71plt]

And could lose more control over their own copyrighted material. There are two ways of looking at this. Authors actually writing to the marketplace aren't going to be all that thrilled.

 

[MatthewVett]

And could lose more control over their own copyrighted material. There are two ways of looking at this. Authors actually writing to the marketplace aren't going to be all that thrilled.

Do people often use erotica for "fair use?" I mean, I don't see Weird Al picking one of my stories to parody or anything, or a mom reading 29 seconds of it in the background of a Youtube video. Really, nothing's changing with regard to your control of copyrighted material. You just can't shoot DMCAs around like a drunken hillbilly with a shotgun. You have to stop and think about whether it's fair use or not first. This only negatively affects people whose strategy is that people who are using fair use are going to be intimidated into settling instead of fighting.

 

[JKendallDane]

Macklemore and Ryan Lewis didn't seem to have a problem with my including four lines from "Same Love" in one of my stories. Pretty sure Katy Perry will have the same attitude when I use three or four from "Teenage Dream" in an upcoming one. It's all about intent.

Plus all of them are too busy right now keeping an eye out and smacking down GOP prezzie candidates for lifting their music.

 

[Zeb_Carter]

Be careful...this thread might be closed because someone feels they were picked on.

 

[sr71plt]

Do people often use erotica for "fair use?" I mean, I don't see Weird Al picking one of my stories to parody or anything, or a mom reading 29 seconds of it in the background of a Youtube video. Really, nothing's changing with regard to your control of copyrighted material. You just can't shoot DMCAs around like a drunken hillbilly with a shotgun. You have to stop and think about whether it's fair use or not first. This only negatively affects people whose strategy is that people who are using fair use are going to be intimidated into settling instead of fighting.

They didn't use it in the past, because the concept was established for educational purposes--classroom and libraries--which didn't use erotica much. I suppose it increasingly will be used, though, because there's more erotica around than in the past and, as the OP article indicates, the original concept of "fair use" is being stretched. What will probably be key now, as pointed out previously on this thread, is whether money is being made off the reuse.

 

[R. Richard]

It's probably not all that likely that someone will use a few lines from an erotic stout. in their own story. What I see is the use of a few quoted lines from a song or a movie. Not an entire song or passage from a movie, but just a taste. JMHO

 

[Zeb_Carter]

And our intrepid hero quoted from his favorite movie, "If you want to hear me scream, play some rap music."

 

[sr71plt]

It's probably not all that likely that someone will use a few lines from an erotic stout. in their own story. What I see is the use of a few quoted lines from a song or a movie. Not an entire song or passage from a movie, but just a taste. JMHO

It's pretty much established already that you can quote two lines of a song/poem safely.

Here's food for thought. As "fair use" expands, it's likely to expand to anything posted to free-use Internet sites automatically being in the public domain, as in no financial damage being done to material valued at zero to begin with. Literotica is a free-use site. Posting a story here values its worth as zero, legally. The courts will love that.

 

[Handley_Page]

Why the 'Dancing Baby' copyright case is just hi-tech victim shaming

Now read on:-
"Analysis Silicon Valley's great triumph has been persuading people to give up their rights, and be happy to do so. And tech oligarchs aren't worried about fighting dirty to make it happen: victim shaming is now part of the arsenal. "


See here:

 

[R. Richard]

I collect 1050s, 1960s pop music. Back in the day, there were a lot of white groups ripping off songs by black groups. In many cases, even the very minor changes required under the law were not done and the black groups were wiling to accept the situation, as the much greater distribution of the white groups publishers resulted in increased sales for the black groups' music.
In some cases, violation of a copyright holder's rights is actually beneficial to the copyright holder.

 

[sr71plt]

In some cases, violation of a copyright holder's rights is actually beneficial to the copyright holder.

Which is the copyright holder's decision to make not those who are ripping them off.