fair use process + 7 ideas that influence the industry

What are the 4 factors in the Fair Use process?

1. Nature of original work

2. Nature of derivative's work

3. How much was used

4. Effect on the marketplace

Fair Use Factor 1

Nature of the original work

Fair Use Factor 2

Nature of the derivative's work

Fair Use Factor 3

How much was used

Fair Use Factor 4

Effect on the marketplace

Declaratory judgment (Fair Use as a parody)

binding judgement from a court defining a legal relationship between parties and their rights in a matter before the court

What are the 7 ideas that influence the entertainment industry (Week 6)?

1. Innovation of new creations

2. Interactivity

3. Internationalization

4. Integration (consolidation)

5. Inflation

6. Imposed Censorship

7. Individual Rights

Innovation of new creations: 3 points

Shift time and place; causes legal issues because of recording things; expanded audience

Why does Innovation (shift time and place) cause legal issues?

Because of recording things

Interactivity

Customizes what you get. Ex: taking out cuss words in movies and video games

What must you make sure of with Interactivity?

That people aren't turning the work into something else

Interactivity: Scope of publicity rights

Name, likeness, image, personal, gestures, voice, signature

Duration of publicity rights

Life + 70, or 2 years after the celebrity stops being exploited

Post mortem rights

Publicity rights that continue after a celebrity's death (life + 70)

Internationalization

Content crossing borders. Ex: choosing dubs in different languages

Integration (consolidation)

Companies consolidating, either vertically or horizontally

Vertical integration (per notes)

Miramax, Pixar, Disney, Marvel, Lucasfilm (competitors)

Horizontal integration (per notes; imagine a vertical line)

Creator, production, distribution, venue, theme parks, cruise ships, theaters, concert houses, streaming

Anti-trust

Concerned with anti-competitive behavior (which causes price fixing)

Inflation

New tech has a recruitment cost and may go out before you recoup it; costs increase and change the risk of breaking even

Breaking even

Earning back as much as you spent (revenue = costs), no profit or loss

3 types of Imposed Censorship

Government imposed

industry imposed (governs itself)

social censorship

Government-imposed censorship: obscenity

No obscenity

Government-imposed censorship: minors

Doesn't need to be obscene to be banned (like child labor laws)

Industry-imposed censorship

Industry governs itself. Motion Picture Association sets film ratings (PG, PG-13, R)

Censorship on TV

Government can restrict the airwaves; the government owns them for the people

Social censorship

Censorship imposed by society/public pressure (third type of imposed censorship)

Privacy vs. Publicity

Privacy = injury to person; Publicity = injury to wallet

4 privacy torts (injury to person)

• Intrusion into seclusion

• public disclosure of private facts

• false light

• use of name or likeness for purposes of trade

Intrusion into seclusion

Intruding on someone's private space or affairs

Public disclosure of private facts

Making private information public (e.g., medical records)

False light

Being presented inaccurately in a way that misleads the public

Use of name or likeness for purposes of trade

Using someone's name or likeness commercially

No injury per se (per notes)

Loathsomeness, chastity towards a female, crime

Right of Publicity

Injury to wallet: protects the commercial value of your name/likeness