[NetBehaviour] Is Fair Use decided by who has the most money?
marc.garrett at furtherfield.org
Fri Oct 10 10:29:10 CEST 2008
Is Fair Use decided by who has the most money?
Cyndy Aleo-Carreira, The Industry Standard.
Anthony Falzone, Executive Director of the Fair Use Project, was
involved in the defense of the suit brought by Yoko Ono and EMI Records
over the use of John Lennon's Imagine in Ben Stein's documentary film
Expelled: No Intelligence Allowed. As a result of his involvement in the
suit, defending the filmmakers pro bono alongside the producers'
lawyers, he came to a frightening conclusion: fair use is guaranteed
under U.S. copyright law, but it's becoming too expensive to actually
take advantage of what is supposed to be a guaranteed right.
As Falzone points out, the film's producers were able to take advantage
of the Documentary Film Program, which provides Media Professional
Insurance and the availability of legal vetting of fair use of media
before a movie is released. Even with that vetting, however, Ono and EMI
sued over a 15-second section of a song used in a documentary, and the
DVD version of the film was released without that section because of the
pending lawsuit. If a film with Hollywood producers has trouble using
media clips, what hope does an average citizen have of using something
without worrying about huge legal expenses that could result?
More information about the NetBehaviour