Joined: Dec. 2007
Bad news for Expelled
|There is no fixed amount of permitted usage that is set forth in the fair use statute and the cases do not define any fixed amount of usage. For those who continue to believe in the absolutely false and incorrect belief that there is any fixed amount of usage that will be acceptable under the fair use doctrine (read the numerous articles on my site dealing with fair use but especially “Fair Use: Further, Further Issues.” Click on “Articles for Writers and Publishers”), a case from the Sixth Circuit should give you nightmares. |
In Bridgeport Music, Inc. et. al. vs. Dimension Films et. al., the Court found that the use of 3 notes, lasting 2 seconds, from a sound recording called “Get Off Your Ass and Jam” (“Get Off” in the opinion) in the track called “100 Miles and Runnin” (“100 Miles” in the opinion) contained in the sound track of a motion picture called “I Got the Hook Up” (“Hook Up” in the opinion) was not fair use.
In other words, the appellate Court found that the standard that might otherwise be applied in determining whether a use was a fair use, a standard that looked to the quantity of material taken from the protected work, was not applicable to the taking of material from a protected sound recording.
In a footnote, the Court stated:
“In most copyright actions, the issue is whether the infringing work is substantially similar to the original work. . . . The scope of inquiry is much narrower when the work in question is a sound recording. The only issue is whether the actual sound recording has been used without authorization. Substantial similarity is not an issue . . . .” Bradley C. Rosen, Esq., 22 CAUSES OF ACTION § 12 (2d ed. 2003).
On the other hand, I remember reading an article on a commercial disk copying program back in the eight bit computer era that opened up with a sample from a Walt Disney pirate song and they apparently got away with it.
Still, my advice is to apologize and settle out of court. I think Jesus had some similar advice:
Matthew 5:25 Come to terms quickly with your accuser while you are going with him to court, lest your accuser hand you over to the judge, and the judge to the guard, and you be put in prison.
But What Would Jesus Know about that?
Like every other academic field, philosophy of religion has its share of hacks and mediocrities. Edward Feser
‘Anything is a “real possibility” in the mind of one seeking to deny the obvious.’ – William J Murray