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JustinColanninoFirstPaper 20 - 16 Apr 2009 - Main.EbenMoglen
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| | | Does Copyright Deter Social Movements?
"Thats how to always get something, just get together all at once and yell and yell and yell and yell and yell and yell and yell." | | | I didn't really see an idea-expression merger in the McCain ad. Sure, more people liked the infringing-barring-fair-use form. However, if we remove the leftover lyrics in the video, is it actually impossible (or even significantly harder) to get this idea across without using that particular copyrighted work? We Shall Overcome has, to raid trademark, a secondary meaning, but the idea that the media was in love with candidate Obama wasn't wedded to the Valli track.
-- DanielHarris - 26 Mar 2009 | |
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- Once again, I'm not sure I'm needed here: the conversation seems to me to have gotten at both the strengths and the weaknesses of the draft. Having benefited from what everyone else had to say, I can at least be brief.
- I think the essay and resulting commentary establish that the degree of interference copyright makes with social movement cohesion is inversely proportional to the strength of fair use doctrine. If fair use, rather than being a defense to claims of infringement, were an affirmative doctrine of limitation, the harm of which Justin complains could be almost entirely eliminated. Even under existing circumstances, the harm done by weak fair use law could be substantially reduced by more fair use defense litigation, particularly litigation directed at establishing the fair use privilege in non-commercial use settings concerned with the social and political resonances of artistic works. Here the problem isn't doctrine per se, but rather insufficient reason "on the books" for judges to find for defendants in such situations. Fair use clinics (why isn't there one at Columbia, in the heart of media country? Just guess.....) and other such resources, funded by user-aligned organizations (such as Google?) could be very effective. Anyone thinking of setting up a career-starting org?
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