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

By: bill_mcgonigle

bill_mcgonigle — Thu, 14 Mar 2013 04:18:00 +0000

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.

By: Sisyphus Idaho

Sisyphus Idaho — Wed, 13 Mar 2013 17:02:00 +0000

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.

By: pickledbeatnik

pickledbeatnik — Wed, 13 Mar 2013 13:06:00 +0000

Astounded? Agog? Glowing? Effervescent? Slightly gassy? I guess that last one’s two words. Anyway, it’s a pretty sad world when common sense, something that should be, well, common, becomes something extraordinary. But, it’s not so sad a world where it remains to imbibe masses with hope. Good on Judge Trott. I sure am proud of him!

By: Steve White

Steve White — Wed, 13 Mar 2013 13:05:00 +0000

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.

By: arbitraryaardvark

arbitraryaardvark — Wed, 13 Mar 2013 08:08:00 +0000

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.

By: Doran

Doran — Wed, 13 Mar 2013 04:24:00 +0000

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

By: Gerald Mander

Gerald Mander — Tue, 12 Mar 2013 23:38:00 +0000

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.

By: Gerald Mander

Gerald Mander — Tue, 12 Mar 2013 23:37:00 +0000

Deluded?

By: s2redux

s2redux — Tue, 12 Mar 2013 22:35:00 +0000

Asleep.

By: Promethean Sky

Promethean Sky — Tue, 12 Mar 2013 22:14:00 +0000

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.

By: peregrinus

peregrinus — Tue, 12 Mar 2013 22:13:00 +0000

Yay! Fuckers.

By: TooGoodToCheck

TooGoodToCheck — Tue, 12 Mar 2013 22:11:00 +0000

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?

By: Glenn Fleishman

Glenn Fleishman — Tue, 12 Mar 2013 22:05:00 +0000

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

By: noah django

noah django — Tue, 12 Mar 2013 21:57:00 +0000

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

By: jandrese

jandrese — Tue, 12 Mar 2013 21:52:00 +0000

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.