more on Outfoxed & Fair Use...

Copyfight
July 14, 2004
Seltzer on "OutFOXed"

Copyfight co-author Wendy Seltzer has concluded the below-referenced
online colloquy on fair use and academic publishing; below, a snippet on
the fair use argument for using Fox News clips to criticize the company's
reporting:


Question from Lloyd Davidson, Northwestern Univ.:
Robert Greenwald's new film, Outfoxed: Rupert Murdoch's War on
Journalism, will probably attempt to escape copyright infringement
lawsuits against his use of significant excerpts from Fox's news programs
by claiming that critical and satirical use of such material is protected.
Whether you have seen the movie or not, do you think that such a
significant use of material could ever have a chance of being protected
from copyright infringement suits based on such a defense?

Wendy Seltzer:
While I haven't seen the film, I'd argue strongly in its favor as
protected fair use – whatever political angle it takes. I'd similarly
defend a critic of Michael Moore's who wanted to use excerpts from
Fahrenheit 9/11. So long as the excerpts are used in the process of
criticism, and not merely gratuitously, they serve a purpose different
from that of the original work and don't substitute for the original's
commercial market. In today's multimedia environment, you can't
effectively criticize newsmakers without using materials in which they may
claim copyright. We need to ensure our critics have access to the same
tools and technologies that their targets have.


Posted by Donna at 3:41 PM | Permalink:
http://www.corante.com/copyfight/archives/005002.html

Comments

, Steve Kudlak

Thanks for bringing this up and for those who have
posted the stuff about the "Induce Act". Those of us
who are caught up in how awful the BUsh Administration
is. often forget (or at least I tend to do) that even
liberal/lefty democrats can end up supporting rather
awful things when it comes to copyright and fair use.
I am going to write a number of my represenatives snarly
letters about these issues.

Have FUn,
Sends Steve


>
> Copyfight
> July 14, 2004
> Seltzer on "OutFOXed"
>
> Copyfight co-author Wendy Seltzer has concluded the below-referenced
> online colloquy on fair use and academic publishing; below, a snippet on
> the fair use argument for using Fox News clips to criticize the company's
> reporting:
>
>
> Question from Lloyd Davidson, Northwestern Univ.:
> Robert Greenwald's new film, Outfoxed: Rupert Murdoch's War on
> Journalism, will probably attempt to escape copyright infringement
> lawsuits against his use of significant excerpts from Fox's news programs
> by claiming that critical and satirical use of such material is protected.
> Whether you have seen the movie or not, do you think that such a
> significant use of material could ever have a chance of being protected
> from copyright infringement suits based on such a defense?
>
> Wendy Seltzer:
> While I haven't seen the film, I'd argue strongly in its favor as
> protected fair use – whatever political angle it takes. I'd similarly
> defend a critic of Michael Moore's who wanted to use excerpts from
> Fahrenheit 9/11. So long as the excerpts are used in the process of
> criticism, and not merely gratuitously, they serve a purpose different
> from that of the original work and don't substitute for the original's
> commercial market. In today's multimedia environment, you can't
> effectively criticize newsmakers without using materials in which they may
> claim copyright. We need to ensure our critics have access to the same
> tools and technologies that their targets have.
>
>
> Posted by Donna at 3:41 PM | Permalink:
> http://www.corante.com/copyfight/archives/005002.html
>
> +
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