Using clips from Ed Sullivan in Jersey Boys found to be fair use; judges award costs to deter future "chilling" copyright lawsuits

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15 Responses to “Using clips from Ed Sullivan in Jersey Boys found to be fair use; judges award costs to deter future "chilling" copyright lawsuits”

  1. jandrese says:

    Holy crap, how did common sense get into a courtroom?  Certainly SOFA is going to appeal and win right?  The courts have shown time and time again that they don’t want people to be reasonable about Copyright, this must be an aberration, right?  I shouldn’t get my hopes up.  A ruling this sensible has no chance in the higher courts. 

    • noah django says:

       it’s like an episode of the twilight zone.  eerie.

    • Promethean Sky says:

      The ninth circuit has a shockingly good track record when it comes to matters of common sense. Hell, they’re practically respectable. Too bad they get overturned so often.

    • Steve White says:

       You said exactly what I was thinking. 

      “The panel held that this was a fair use because by using the clip for its historical significance, the defendants had imbued it with new meaning and had done so without usurping whatever demand there was for the original clip.” This is a bit of clarity that should go a long way in defining fair use.  I hope it’s not knocked down.

  2. Does this mean that the “clearance” industry just took a big hit?  

  3. TooGoodToCheck says:

    Between this and Prenda, I’m starting to feel kind of. . .  what the heck is it called now?  when you don’t feel like every single thing is going to hell in a handbasket? 

  4. peregrinus says:

    Yay!  Fuckers.

  5. Gerald Mander says:

    Despite my snark above, I’m hoping that this & some other recent courtroom events (porn copyright trollers) are indicative of a sea change in judicial attitudes toward copyright & fair use. Fingers crossed.

  6. Doran says:

    This is good. Particularly because the court is saying this fair-use adds value to the product without “usurping” demand for the original.

  7. arbitraryaardvark says:

    a quibble here: costs is not the same as costs and fees. attorney’s fees are probably 90% of that. costs is stuff like photocopy expenses, depositions etc.

  8. It probably helped that Judge Trott was one of the original Highwayman. 

     http://en.wikipedia.org/wiki/The_Highwaymen_(folk_band)

    I once clerked for the ninth circuit, and Judge Trott often takes his guitar with him to San Francisco to hear cases (His chambers are in Boise). Often he’d pull it out while waiting for a plane and start playing, with commuters throwing the occasional dollar in his guitar case.

  9. But we wouldnt want to think too hard, we have a blog to write.

    Oh, there are people who think hard about this and dedicate entire blogs to it.

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