2 People Are Speaking Their Mind

1. scott_R Says:

   July 22nd, 2008 at 11:51 pm

   Universal’s argument is empty, fair use is a limitation on copyright law, not a defense against it. It’s used in a defensive nature by necessity, as the only time you’d need it would be when you’re accused of infringement. Somewhat like the first amendment, it’s not a defense, it’s a right, but it’s usually used in a defensive manner.

   It most certainly doesn’t imply infringement, and Universal knows this, they’d have to, as a major part of their business has been dealing with copyright law. [Feigned] Ignorance of the law is no defense, and Universal should be held accountable for their playing fast and free with the legal system. Judges enjoy making “examples” out of regular citizens, how about apply that eagerness to punish to a few of these companies that are willing to destroy people’s life, liberty, and happiness, to satisfy their greed?

   She made a short video of her toddler, and wanted to share her joy with the rest of us. Universal would love to put her (and many others) in jail and the poor house for doing so. Ruining this woman’s life and that of her family’s because of their greed isn’t some little “oops”, and it should be taken in that light.

   I wish her luck and hope her case sets a precedent to prevent this ongoing problem with the studios, and maybe she’ll win enough to take care of that kid.

2. Jesse Says:

   July 24th, 2008 at 10:33 am

   The trouble is, while the mom had the right to use the song in the personal home video, she never had a “fair use” right to display it publicly, which is what she did by posting to to YouTube. Fair use is an affirmative defense that protect private use of copyrighted content. The copyright act defines private performance as displays to “a family and it’s social acquaintances.” Fair use does not protect public displays, which can be an infringing use.

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