...2 of 1000 DOCUMENTS Copyright (c) 1995 Oklahoma Law Review Oklahoma Law Review Fall, 1995 48 Okla. L. Rev. 627 LENGTH: 15564 words NOTE: Copyright: Same Song, Different Verse: Parody as Fair Use After Campbell v. Acuff-Rose Music, Inc. * * This note won the first place prize in the 1995 ASCAP Nathan Burken Memorial Competition. NAME: L. David McBride LEXISNEXIS SUMMARY: ... First, this note discusses the Copyright Act of 1976 and the fair use doctrine. ... Further, this note evaluates how the defendant used the fair use doctrine as an exception to copyright in Campbell v. Acuff-Rose Music, Inc. ... The district court recognized that courts have included parody under the fair use doctrine. ... The district court found that the second factor, the nature of the copyrighted work, weighed against fair use and in favor of Acuff-Rose. ... Judge Joiner, writing for the majority, considered each of the factors in section 107 in determining that the derivative work was not fair use. ... The Supreme Court's Application of the Fair Use Doctrine in Acuff-Rose Music, Inc. v. Campbell ... He observed that the application of the fair use doctrine requires a case-by-case analysis, as opposed to "bright-line rules." Such an approach is necessary because section 107 does not define every type of creative work that a court may exempt under the fair use doctrine. ... However, the Court of Appeals read Sony as presuming unfair use when a derivative work is used for...
Words: 11940 - Pages: 48
...William & Mary Law Review Volume 45 | Issue 4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use...
Words: 74799 - Pages: 300
...United Breaks Guitars In March 2008, Dave Carroll, a musician from Halifax, NS and his band, the Sons of Maxwell, traveled from Halifax to Nebraska via O’Hare airport in Chicago. What happened on the journey became the subject of outrage, embarrassment, amusement, and transformed Carroll from country singer to customer service guru. Carroll claimed that his guitar was severely damaged by United Airlines baggage handlers at O’Hare. His attempts to pursue a damage claim with United having been frustrated, he posted two amusing videos about the incident on YouTube. The overwhelming response raised questions about brands and the nature of marketing communications in the internet age. The Incident and Carroll’s Response In Carroll’s own words, what happened was as follows: “In the spring of 2008, Sons of Maxwell were traveling to Nebraska for a one-‐ week tour and my Taylor guitar was witnessed...
Words: 3984 - Pages: 16
...The Parody of Lewis Carroll’s Alice in Wonderland Lecturer: Dr. Novita Dewi, M.S., M.A (Hons) by: Miranda A. R Siregar Student Number: 136332007 THE GRADUATE PROGRAM IN ENGLISH LANGUAGE STUDIES SANATA DHARMA UNIVERSITY YOGYAKARTA 2014 The British Political Reflection through The Westminster Alice by Saki, The Parody of Lewis Carroll’s Alice in Wonderland I. Introduction Alice and the adventure in wonderland and Alice through the looking glass are the master pieces of literary work by Lewis Carroll. The characters in the story, particularly Alice herself become such an iconic character. Alice is basically a girl who has a high imagination and able to see the world differently, out of general border. We may discover several works based on Alice in wonderland, from the day the story was published until this present time. There are a lot of books and movies that inspired by Alice. In this essay, I would like to discuss is “The Westminster Alice” by Hector Hugo Munro (Saki) in 1902, The specialty of this book is so much different from any other work adaptation of Alice in Wonderland, which most of them are actually similar story or the adult version of Alice. This book is a parody of British politic based on Alice in Wonderland character. The Westminster Alice is the name of a collection of vignettes written by Hector Hugh Munro (Saki) in 1902 and published by the Westminster Gazette of London. It is a political parody of Lewis...
Words: 2681 - Pages: 11
...Case name | Reporter | Court/Year | Findings | Wheaton v. Peters | 33 U.S. (8 Pet.) 591 | 1834 | There is no such thing as common law copyright and one must observe the formalities to secure a copyright. | Baker v. Selden | 101 U.S. 99 | 1879 | Idea-expression divide. | Burrow-Giles Lithographic Co. v. Sarony | 111 U.S. 53 | 1884 | Extended copyright protection to photography. | White-Smith Music Publishing Company v. Apollo Company | 209 U.S. 1 | 1908 | Reproduction of the sounds of musical instruments playing music for which copyright granted not a violation of the copyright. | Bobbs-Merrill Co v. Straus | 210 U.S. 339 | 1908 | No license to use copyrighted material. License cannot extend holder's rights beyond statute defined by Congress. | Bauer & Cie. v. O'Donnell | 229 U.S. 1 | 1913 | Differences between patent and copyright defined also prohibits a license from extending holder's rights beyond statute. | Macmillan Co. v. King | 223 F. 862 | D.Mass. 1914 | Limits of fair use with respect to an educational context and to summaries. | Nichols v. Universal Pictures Co. | 45 F.2d 119 | 2d Cir. 1930 | No copyright for "stock characters". | Shostakovich v. Twentieth Century-Fox Film Corp. | 196 Misc. 67, 80 N.Y.S.2d 575 (N.Y. Sup. Ct. 1948), aff'd 275 A.D. 692, 87 N.Y.S.2d 430 (1949) | 1948–9 | No moral rights in public domain works. | Alfred Bell & Co. v. Catalda Fine Arts, Inc. | 191 F.2d 99 | 2d. Cir. 1951 | Variations of works in the public domain...
Words: 1946 - Pages: 8
...reviewers seemed pretty underwhelmed with the plot but liked all of the murders and chase scenes. They felt that it was very predictable and justifying itself. “Sequels don’t know when to stop” (Schwarzbaum). “Existing in a self-contained universe, Scream 4 is its own remake (Screamake), sequel (shriekquel), parody and critique” (Corliss). Gale Weathers’ book The Woodsboro Murders becomes a film franchise called Stab that is “modeled after Sidney Prescott’s fictional life within the film” (Legel). This franchise and even the original series of Scream films are seen by many reviewers as extremely Meta, or self-referential, within the Scream films. “Scream 4 should be subtitled That's So Meta, so pervasive is the movie's habit of commenting on itself” (Travers). In the Stab franchise in Scream 4 the “new Ghostface is mimicking the sequence of killings in the original series” (O’Hehir). Many reviewers felt these Stab films continued the horror in Woodsboro instead of letting the town, and victims, recover from it. Another aspect that almost all of the critics commented on was the progression of the repeating characters. Gale Weathers (Courtney Cox), Sidney Prescott (Neve Campbell), and Dewey (David Arquette) were all in the original 1996 film. It has been 11 years since Scream 3 and it is very clear on the aging of those repeating characters. “We have two generations in “Scream 4”-the scarred adults and the teenagers” (LaSalle). All...
Words: 654 - Pages: 3
...Abstract Brands rushed into social media, viewing social networks, video sharing, online communities, and microblogging sites as the panacea to diminishing returns for traditional brand building routes. But as more branding activity moves to the Web, marketers are confronted with the stark realization that social media was made for people, not for brands. In this article, we explore the emergent cultural landscape of open source branding, and identify marketing strategies directed at the hunt for consumer engagement on the People’s Web. These strategies present a paradox, for to gain coveted resonance, the brand must relinquish control. We discuss how Webbased power struggles between marketers and consumer brand authors challenge accepted branding truths and paradigms: where short-term brands can trump longterm icons; where marketing looks more like public relations; where brand building gives way to brand protection; and brand value is driven by risk, not returns. # 2011 Kelley School of Business, Indiana University. All rights reserved. 1. The party crashers: Marketers and the Social Web Brands today claim hundreds of thousands of Facebook friends, Twitter followers, online community members, and YouTube fans; yet, it is a lonely, scary time to be a brand manager. Despite marketers’ desires to leverage Web 2.0 technologies to their advantage, a stark truth presents itself: the Web was created not to sell branded products, but to link people together in collective conversational...
Words: 12470 - Pages: 50
...Business Horizons (2011) 54, 193—207 www.elsevier.com/locate/bushor The uninvited brand Susan Fournier a,*, Jill Avery b a b Boston University School of Management, 595 Commonwealth Avenue, Boston, MA 02215, U.S.A. Simmons School of Management, 300 The Fenway, M-336, Boston, MA 02115, U.S.A. KEYWORDS Branding; Brand management; Social media; Web 2.0; Co-creation Abstract Brands rushed into social media, viewing social networks, video sharing, online communities, and microblogging sites as the panacea to diminishing returns for traditional brand building routes. But as more branding activity moves to the Web, marketers are confronted with the stark realization that social media was made for people, not for brands. In this article, we explore the emergent cultural landscape of open source branding, and identify marketing strategies directed at the hunt for consumer engagement on the People’s Web. These strategies present a paradox, for to gain coveted resonance, the brand must relinquish control. We discuss how Webbased power struggles between marketers and consumer brand authors challenge accepted branding truths and paradigms: where short-term brands can trump longterm icons; where marketing looks more like public relations; where brand building gives way to brand protection; and brand value is driven by risk, not returns. # 2011 Kelley School of Business, Indiana University. All rights reserved. 1. The party crashers: Marketers and the Social Web Brands...
Words: 12407 - Pages: 50
...COPYRIGHT INFRINGEMENT. Copyright infringement is the use of work under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S RIGHTS ARE VIOLATED To fully understand copyright infringement, you must understand what rights you hold as a copyright holder. You own more than just the rights to reproduce the work filed with the US Copyright Office. An owner of a copyright owns a “bundle” of rights. Each of these rights can be sold or assigned separately. Copyright infringement occurs when one of those rights are used without the express consent of the copyright owner. The rights owned by the owner of a copyright include: The Right to Reproduce the Work. This is the right to reproduce, copy, duplicate or transcribe the work in any fixed form. Copyright infringement would occur if someone other than the copyright owner made a copy of the work and resold it. The Right to Derivative Works. This is the right to modify the work to create a new work. A new work that is based upon an existing work is a "derivative work." Copyright infringement would occur here if someone wrote a screenplay based on his favorite John Grisham book and sold or distributed the screenplay...
Words: 7189 - Pages: 29
...A religion is an organized collection of beliefs, cultural systems, and world views that relate humanity to an order of existence.[note 1] Many religions have narratives, symbols, and sacred histories that aim to explain the meaning of life, the origin of life, or the Universe. From their beliefs about the cosmos and human nature, people may derive morality, ethics, religious laws or a preferred lifestyle. Many religions may have organized behaviors, clergy, a definition of what constitutes adherence or membership, holy places, and scriptures. The practice of a religion may include rituals, sermons, commemoration or veneration (of a deity, gods, or goddesses), sacrifices, festivals, feasts, trances, initiations, funerary services, matrimonial services, meditation, prayer, music, art, dance, public service, or other aspects of human culture. Religions may also contain mythology.[1] The word religion is sometimes used interchangeably with faith or set of duties;[2] however, in the words of Émile Durkheim, religion differs from private belief in that it is "something eminently social".[3] A global 2012 poll reports 59% of the world's population as "religious" and 36% as not religious, including 13% who are atheists, with a 9% decrease in religious belief from 2005.[4] On average, women are "more religious" than men.[5] Some people follow multiple religions or multiple religious principles at the same time, regardless of whether or not the religious principles they follow traditionally...
Words: 7947 - Pages: 32
...,The Presentation of male and female sexuality in Nabokov’s ‘Lolita’, Joyce’s ‘Ulysses’ and Carol Ann Duffy’s poetry anthology ‘The World’s Wife’ The themes of sex and sexuality have always remained somewhat hidden by society, concealing a darker unspoken reality which has power to threaten the pure and romantic values of marriage and intimate relationships as well as established gender roles. Despite the alleviation of religious and moral restrictions, sex embodies the warped animal reflection of the exclusively human concept of love, exposing primal desires and ensuring its continued belonging to the realms of the shocking and distasteful, while inadvertently strengthening its power. It is this power that lies at the heart of much modernist literature. The illicit imagery serves as a physical subversion of the dated foundations the writings oppose. Prominent in early modernist work was the theoretical influence of Sigmund Freud, most notably in the case of contemporary writer James Joyce whose literary techniques, such as the stream of consciousness writing in Ulysses, have come to epitomize modernist fiction. Ulysses not only challenges the censors’ attitude to sex, but also what were considered the sexual norms for men and women in pre-war Catholic society. Similarly, Vladimir Nabokov uses sexual deviancy to protest the theoretical ideas implicit in modernist literature through characteristics derived from post-World War II civilisation. The absence of structure or...
Words: 4061 - Pages: 17
...Marlowe's "Doctor Faustus" and "Sin against the Holy Ghost" Author(s): Gerard H. Cox, III Source: Huntington Library Quarterly, Vol. 36, No. 2 (Feb., 1973), pp. 119-137 Published by: University of California Press Stable URL: http://www.jstor.org/stable/3816592 Accessed: 07/11/2010 15:38 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=ucal. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. University of California Press is collaborating with JSTOR to digitize, preserve and extend access...
Words: 8485 - Pages: 34
...Theorizing identity in language and sexuality research M A R Y B U C H O L T Z Department of Linguistics 3607 South Hall University of California, Santa Barbara Santa Barbara, CA 93106-3100 bucholtz@linguistics.ucsb.edu K I R A H A L L Department of Linguistics Campus Box 295 University of Colorado at Boulder Boulder, CO 80309-0295 kira.hall@colorado.edu A B S T R A C T The field of language and sexuality has gained importance within socioculturally oriented linguistic scholarship. Much current work in this area emphasizes identity as one key aspect of sexuality. However, recent critiques of identity-based research advocate instead a desire-centered view of sexuality. Such an approach artificially restricts the scope of the field by overlooking the close relationship between identity and desire. This connection emerges clearly in queer linguistics, an approach to language and sexuality that incorporates insights from feminist, queer, and sociolinguistic theories to analyze sexuality as a broad sociocultural phenomenon. These intellectual approaches have shown that research on identity, sexual or otherwise, is most productive when the concept is understood as the outcome of intersubjectively negotiated practices and ideologies. To this end, an analytic framework for the semiotic study of social intersubjectivity is presented. (Sexuality, feminism, identity, desire, queer linguistics.)* I N T R O D U C T I O N Within the past decade the field of language...
Words: 25968 - Pages: 104
...department to be yours.”1 The provost, Carol Christ (who retains her faculty position as a literature professor), does not name the offender—but everyone knows that if you want to locate the laughingstock on your local campus these days, your best bet is to stop by the English department. The laughter, moreover, is not confined to campuses. It has become a holiday ritual for The New York Times to run a derisory article in deadpan Times style about the annual convention of the Modern Language Association, where thousands of English professors assemble just before the new year. Lately it has become impossible to say with confidence whether such topics as “Eat Me; Captain Cook and the Ingestion of the Other” or “The Semiotics of Sinatra” are parodies of what goes on there or serious presentations by credentialed scholars.2 At one recent English lecture, the speaker discussed a pornographic “performance artist” who, for a small surcharge to the price of admission to her stage show, distributes flashlights to anyone in the audience wishing to give her a speculum exam. By looking down at the mirror at just the right angle, she is able, she says, to see her own cervix reflected in the pupil of the beholder, and thereby (according to the lecturer) to fulfill the old Romantic dream of eradicating the...
Words: 9854 - Pages: 40
...68 3 LEARNING OBJECTIVES After reading this chapter you should be able to: LO1 Scanning the Marketing Environment WEB 2.0 IS ALL ABOUT YOU! The Web is changing at an extraordinary pace and each new change provides more customization and convenience for you. If you use Myspace. com, Del.icio.us, Secondlife, or any one of hundreds of new products on the Web you are already part of the new world of the Web! Not long ago the Web simply provided a modern channel for traditional businesses. Music led the way with file-sharing services such as Napster and eventually online stores such as iTunes. The entire entertainment industry followed by offering books, movies, television, radio, and photography on the Web. The digital revolution allowed all of these businesses to benefit from the technical aspects of the Web. Now the term Web 2.0 is used to describe the changes in the World Wide Web that reflect the growing interest in collaboration, open sharing of information, and customer control. Many products and services such as podcasts, weblogs, videologs, social networking, bookmarking, wikis, folksonomy, and RSS feeds are already available, and many more are in development. As the focus moves from providing a new channel for existing businesses to empowering individual consumers with customized products, suddenly the Web is all about you! You can create your own video and post it on YouTube, sell your photos on iStockphoto, build a social networking site on Ning, and publish...
Words: 12727 - Pages: 51
