Archived posting to the Leica Users Group, 2009/02/22

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Subject: [Leica] Re: Fair use
From: glehrer at san.rr.com (Jerry Lehrer)
Date: Sun Feb 22 14:02:51 2009
References: <200902212348.n1LNlY8R031403@server1.waverley.reid.org> <2D61E862-572C-4793-8AAB-858484B8FB19@optonline.net> <D25FDD4E-6782-4087-AEB5-D188A9DC501D@charter.net> <49A15FE9.20844.1268C4@leica.rcmckee.com> <BB51B594-C997-4C4F-A568-4EC050710757@charter.net> <20090222210016.DC4C216DE12@barracuda.rutabaga.org>

Marc,

It is "Iran",  not Iraq in the song spoof. :-P       ---But I guess it 
is all the same to you neocons.

Jerry


Marc James Small wrote:
> "Fair Use" is really intended for academic and publishing use in 
> commentary and review.  It might include, of course, a review of, say, 
> a photographic exhibit, but it does not include an extension to simply 
> ripping off someone else's work.
>
> By way of example, I am currently reading Carlos d'Este's WARRIOR:  A 
> LIFE OF WINSTON CHURCHILL AT WAR 1874 - 1945.  I will write a review 
> of this for several maritime and military history lists to which I 
> subscribe.  I will probably include specific quotations.  That is 
> permissible, even if the review gets picked up by a periodical and I 
> am paid for it.  But such fair use must include full attribution or, 
> at the least, have the attribution available if questioned about it.
>
> It's really not that odd a doctrine.  I cannot, of course, take a 
> paragraph from d'Este and try to pass it off as my own.
>
> The Supreme Court has ruled that satire, if obviously such, is not 
> protected by copyright.  This decision arose out of a suit against 
> Limbaugh and Shanklin for their spoofing of rock songs, such as "Bomb, 
> Bomb, Bomb Iraq!" to the tune of the Beach Boy's "Barbara Ann".  All 
> of those gazillions of spoofs on American Gothic are similarly 
> protected.  And that portrait of Churchill by Karsch has been redone a 
> number of times, often with a bull-dog dressed up as Churchill was.  
> Again, that is protected speech.
>
> Marc
>


Replies: Reply from marcsmall at comcast.net (Marc James Small) ([Leica] Re: Fair use)
Reply from marcsmall at comcast.net (Marc James Small) ([Leica] Re: Fair use)
In reply to: Message from lrzeitlin at optonline.net (Lawrence Zeitlin) ([Leica] Re: Fair use)
Message from s.dimitrov at charter.net (Slobodan Dimitrov) ([Leica] Re: Fair use)
Message from leica at rcmckee.com (R. Clayton McKee) ([Leica] Re: Fair use)
Message from s.dimitrov at charter.net (Slobodan Dimitrov) ([Leica] Re: Fair use)
Message from marcsmall at comcast.net (Marc James Small) ([Leica] Re: Fair use)