Retired young entrepreneur, who's is now working on his karmic balance sheet .
Please visit my blog: AZRainman's Photoshop Satire
Come on over and play: Freaking News
All my images are free to change, alter or use for commercial/private purposes as defined by their Creative Commons licenses. If you find any of my images useful, please pay it forward with a random act of kindness.
Fair Use It or Lose It
Copyright owners threats erode free expression
Fair use is an essential part of intellectual property (IP) law, which includes the law of copyright and trademark. It allows anyone to copy partsometimes allof a work without permission, for purposes such as commentary, criticism, news reporting and education. The copyright law lists four factors to be considered in evaluating a fair use claim: the purpose and character of the use; the nature of the copyrighted work; the amount and importance of what was copied; and the effect on the market for the copyrighted work. There are also fair use and First Amendment defenses in trademark law.
Collage, appropriation art, musical mash-ups and Web-based morphingall integral to creativity todaydepend on the fair use and free expression safeguards in IP law. Without them, owners could exercise absolute control over even a short quotation from a work they ownor a parody like Food Chain Barbie. They could use this power to silence discourse, frustrate artistic creation, and kiss commentary they didnt like, by refusing to grant permission for quotes or reproductions.
Artists, scholars and others who contribute to culture are often confused about fair use. There is a serious need for community support and pro bono legal help. A substantial number (more than 20 percent) of cease-and-desist and take-down letters on the Chilling Effects site stated weak IP claims or involved speech with a strong free expression or fair use defense. The disconnect between the law and the claims made in many cease-and-desist or take-down letters is striking.
In part because fair use is risky, unpredictable and under pressure from the clearance culture, copyleft activists have looked for other ways of countering overzealous copyright control. One innovative alternative is Creative Commons, which provides sample licenses that copyright owners can use to allow copying of their works. Millions of Creative Commons licenses have been adopted, but they depend, of course, on the willingness of the owner. Fair use works on the opposite principlethat it should not cost money or require permission to make reasonable use of words and images that are part of our culture. Fair use is irreplaceable precisely because it doesnt depend on payment, procedures or permission. It needs to be defended, promoted and, most of all, used.
Summaries of Fair Use Cases
Fair use. A movie company used a photo of a naked pregnant woman and superimposed the head of actor Leslie Nielsen. The photo was a parody using similar lighting and body positioning of a famous photograph taken by Annie Leibovitz of the actress Demi Moore for the cover of Vanity Fair magazine. Important factors: The movie company's use was transformative because it imitated the photographer's style for comic effect or ridicule. (Leibovitz v. Paramount Pictures Corp., 137 F.3d 109 (2d Cir. N.Y. 199.)
Measuring Fair Use: The Four Factors
Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors in resolving fair use disputes, which are discussed in detail below. It's important to understand that these factors are only guidelines and the courts are free to adapt them to particular situations on a case-by-case basis. In other words, a judge has a great deal of freedom when making a fair use determination and the outcome in any given case can be hard to predict.
The four factors judges consider are:
1. the purpose and character of your use
2. the nature of the copyrighted work
3. the amount and substantiality of the portion taken, and
4. the effect of the use upon the potential market.
1.The Transformative Factor: The Purpose and Character of Your Use
In a 1994 case, the Supreme Court emphasized this first factor as being a primary indicator of fair use. At issue is whether the material has been used to help create something new, or merely copied verbatim into another work. When taking portions of copyrighted work, ask yourself the following questions:
* Has the material you have taken from the original work been transformed by adding new expression or meaning?
* Was value added to the original by creating new information, new aesthetics, new insights and understandings?
For further information, see the following Wiki articles:
Photos of AZRainman (1)
AZRainman's favorite photos from other Flickr members (3)
- Great Recession 8,706 photos, 351 members
- People looking right at you 7,614 photos, 565 members
- Protests, Political Art, Democracy, Social Change 138,270 photos, 10,599 members
- Politics on FLICKR with Free Speech 20,559 photos, 1,683 members
- PhotoShop 116,827 photos, 18,560 members
- Adobe PhotoShop Creations 238,314 photos, 17,090 members
- Photoshop/Manipulated Animals 1,601 photos, 239 members
- Creative Commons - Showroom - Invite only 7,504 photos, 621 members
- Star Trek 9,084 photos, 2,098 members
- The Colbert Report 241 photos, 109 members
- Topaz Software 150,128 photos, 6,400 members
- Art & Politics 14,899 photos, 1,008 members
- Barack Obama Photos 14,830 photos, 3,239 members
- Photoshop with an attitude 29,444 photos, 2,201 members
- Adobe Photoshop CS (all CS versions) 260,061 photos, 14,091 members
- Photomanipulators 2,375 photos, 118 members
- HDR 994,854 photos, 92,876 members
- Clever & Creative Captures 169,254 photos, 5,158 members
- Photoshop Royalty 1,751 photos, 446 members
- PHOTOSHOP ART (Celebrating the Art of Photoshop) 194,025 photos, 13,362 members
- Satire 6,426 photos, 780 members
- Time to share, Shades to wear 9,510 photos, 1,842 members
earthsharing australia says:
"giving a tek finish to political satire, azrainman is very generous to share his work with us. thanks mate!"
August 4th, 2010
- Mark Rain
- July 2007
- AZRainman's Photoshop Satire