Saturday, September 20, 2008

Fair(y) Use

I hope I embedded the video right. Fingers crossed. The reading for this week mentions copyright, and I couldn't help but think of this video everytime copyright came up. If you haven't seen it before, it is a 10 min movie on Fair Use and Copyright using clips from Disney movies -- so Fair Use in practice as well. I show this movie when I teach fair use, copy right and intellectual property and the students seem to enjoy it. And, becuase I love Harry Potter, the courts just ruled on the Harry Potter Fair Use case last week. It was a pretty interesting case (I followed it in April -- CNN article). Something worth looking at if you have a few extra moments.

1 comment:

Bob Mackey said...

That's an awesome video; I remember watching it when it came out and thinking, "Damn." All the talk about copyright in Gitelman made me think of how something that technology made necessary soon shifted into a twisted beast that solely exists to keep Disney's intellectual property from slipping into the public domain. Of course, we have Sonny Bono to thank for this, but he's dead now. Fitting punishment?

Let me move on to quote from the lazy man's resarch guide (Wikipedia) about the changes made to Copyright Law in 1998 (the same time that Gitelman was writing her book:

This law effectively 'froze' the advancement date of the public domain in the United States for works covered by the older fixed term copyright rules. Under this Act, additional works made in 1923 or afterwards that were still copyrighted in 1998 will not enter the public domain until 2019 or afterwards (depending on the date of the product) unless the owner of the copyright releases them into the public domain prior to that or if the copyright gets extended again.

I always assumed that the point of the public domain was that it gave people an incentive to come up with new works, seeing as they (or their estates) couldn't possibly profit off of old material for all eternity. It's a nice idea, isn't it? But it doesn't really pan out in a world where Winnie the Pooh merchandise continues to be made and A.A. Milne spins in his grave until at least 2026.