OT: Parody: Fair Use or Copyright Infringement
Master Po
http://www.publaw.com/parody.html
..not a bad write-up.
--
Tom Bishop -- http://Poetic.ZapTo.Org
"The universe is steady state, i.e., pretty continuously fucked up.
-- Dennis M. Hammes
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Master Po
"Master Po" <V...@Of-Roses.info> wrote in message news:4038d...@127.0.0.1...
>
> http://www.publaw.com/parody.html
>
Hemingway Quote:
---
The parody is the last refuge of the frustrated writer. Parodies are what you write
when you are associate editor of the Harvard Lampoon. The greater the work of
literature, the easier the parody. The step up from writing parodies is writing on
the wall above the urinal.
---
A relatively recent case involving a rap group doing a parody of
Roy Orbison's "Pretty Woman" went to the supreme court.
The Supreme court held for the rap group, but see below:
From another link: http://tinyurl.com/3xg9w
------- somewhat telling statement
The bedrock of the Supreme Court's ruling in Acuff-Rose is the idea that parody transforms
the essential character of the original material. Because a parody adds something new to the
original, or otherwise alters the original's meaning, expression or message, it does more than merely
supercede the original.15 Parody provides social benefit, by "shedding light on an earlier work, and,
in the process, creating a new one," and, in doing so, furthers the stated goal of copyright, which is
the promotion of the arts and sciences.16 According to the Court, a parody is, in its own right, a new
and autonomous creature.
--------
One of the fairly important issues in this case was the fact that the
rap group had created a "new work". An artistic work based on another
artistic work.
--
Tom Bishop -- http://Poetic.ZapTo.Org
"dog eb tsum yug shit"
Master Po
> One of the fairly important issues in this case was the fact that the
> rap group had created a "new work". An artistic work based on another
> artistic work.
Another quote:
-----
In other words, the more a parodist copies from an original
work, the more she is required to change or add in order to transform that work.
-----
The Acuff-Rose case wasn't dealing with a simple harassment
of an private citizen, it was a musical group parodizing a published
and very public work of art: the song "Pretty Women"
It was not an easy fight, and the rap group lost
(even) in the Appellate Court.
All the cases cited on the link deal with parodies of
books and other works of art, and not harassment of individuals.
In any case, it is clear that courts seem to come down frequently
in favor of copyright holders, and only after lengthy battle is some
small victory won, WRT parody "fair-use".
It seems clear that a /legal/ parody must be of a "work" not of a person,
and that it must be a "new work" adding substantially to the original,
which actually must be easily distinguishable as a separate work
that is pointed to by the parody. (The book: "The Cat NOT in the Hat"
was prevented from publishing based on the simple fact that they were NOT
specifically targeting the Seuss books.. complicated, but somewhat
interesting. Parody to be legal "fair-use" requires specific targeting
of the original "work".)
Parody definitions:
- A literary or artistic work that imitates the characteristic style
of an author or a work for comic effect or ridicule
- a composition that imitates somebody's style in a humorous way
What Mikey is doing isn't parody in these senses, but rather satire.
Not very good, so far, but satire, not parody, at least not parody
in the legal sense that would buy him a claim of "fair-use".
There isn't any "imitation of style", but simply
mikey's list of /mean things/ that I said, copied directly
from Usenet postings onto a website. My email, my picture
reproduced intact.
The court would say no "transformative value",
and it would not be considered parody by the court.
Read the link, although it is all about big money interests.
The mikey's get smacked down at the County court level,
or at least I can't imagine that such tripe would go above it.
--
Tom Bishop -- http://Poetic.ZapTo.Org
Poetry is what gets lost in translation.
-- Robert Frost
Michael Cook
removal of materials that actually do not infringe their copyrights, the
safe harbor provisions require service providers to notify the subscribers
if their materials have been removed and to provide them with an opportunity
to send a written notice to the service provider stating that the material
has been wrongly removed. [512(g)] If a subscriber provides a proper
"counter-notice" claiming that the material does not infringe copyrights,
the service provider must then promptly notify the claiming party of the
individual's objection. [512(g)(2)] If the copyright owner does not bring a
lawsuit in district court within 14 days, the service provider is then
required to restore the material to its location on its network.
[512(g)(2)(C)]
A proper counter-notice must contain the following information:
a.. The subscriber's name, address, phone number and physical or
electronic signature [512(g)(3)(A)]
b.. Identification of the material and its location before removal
[512(g)(3)(B)]
c.. A statement under penalty of perjury that the material was removed by
mistake or misidentification [512(g)(3)(C)]
d.. Subscriber consent to local federal court jurisdiction, or if
overseas, to an appropriate judicial body. [512(g)(3)(D)]
If it is determined that the copyright holder misrepresented its claim
regarding the infringing material, the copyright holder then becomes liable
to the OSP for any damages that resulted from the improper removal of the
material. [512(f)]
Master Po
"Michael Cook" <cook36...@ameritech.net> wrote in message news:c1b87f$1ev6uo$1...@ID-206016.news.uni-berlin.de...
> In order to ensure that copyright owners do not wrongly insist on the
> removal of materials that actually do not infringe their copyrights, the
> safe harbor provisions require service providers to notify the subscribers
> if their materials have been removed and to provide them with an opportunity
> to send a written notice to the service provider stating that the material
> has been wrongly removed. [512(g)] If a subscriber provides a proper
> "counter-notice" claiming that the material does not infringe copyrights,
> the service provider must then promptly notify the claiming party of the
> individual's objection.
I'll wait for this, although I never did the DCMA thing.
Is this your intended action?
You can't justify it IMO.
I will definitely sue you if you attempt to erect your harassment.
You aren't doing parody with the idea of making art,
you are just harassing people.
How hard can you think that is to see?
Go here and dance: http://Savior.22.Zapto.Org
A parody would be if you took "a work of art" from me,
say: "a poem" and did it in my style, but with a transformed message.
Placing my private email on your webpage ain't a parody.
My Usenet postings, directly copied, ain't a parody.
The picture usage isn't a parody of an artwork of mine,
but rather "satire" and satire doesn't allow you the same
priveledges as parody. Some but not stealing my image.
If I can't sue you, I will ignore you, since the further you go
the more ridiculous you will look.
--
Tom Bishop -- http://Poetic.ZapTo.Org
"Never interrupt your enemy when he is making a mistake."
-- Napoleon Bonaparte
Michael Cook
"Master Po" <V...@Of-Roses.info> wrote in message
>snip<
I had to go back and look, you are right I did put up your e-mail addy
I'll correct that. This has little to do with you personally it is an issue
with
Ameritech. Actually you did me a favor as I am out from under an obligation
to SBC
shed of the 700k down and their service promised but never delivered.
I have the legal definition of parody and fair use so save yours for
another,
I have all the paper work filled out for SBC, this is going to be fun.
I even have a summons ready for Ed Whitacre the scamming cock-sucker
CEO of SBC, did you know that he makes 20 mil a year; rather the carpet
bagger raids the corporate coffers to the tune 20 mil. SBC hosts some of
the internets biggest spammers; they have NO local offices and operate in
complete stealth! They buy politicians, twist telecommunication laws to
suite themselves and often at the expense of the consumer. They engage in
monopolistic practices and ( I think) conspire to fix rates.
But what do you care, It ain't about you.
Master Po
"Michael Cook" <cook36...@ameritech.net> wrote in message news:c1bfpo$1g7ubo$1...@ID-206016.news.uni-berlin.de...
>
> "Master Po" <V...@Of-Roses.info> wrote in message
> news:40393...@127.0.0.1...
> >snip<
>
> I had to go back and look, you are right I did put up your e-mail addy
> I'll correct that.
My Usenet postings aren't for you to simply rip off.
You aren't even approximating a Usenet interface.
> This has little to do with you personally it is an issue
> with
> Ameritech.
It is personal when you target me for your harassment.
Fine.. it is personal.
Stealing my picture simply isn't legal, so I will stuff you
if I can.
Play legal, and who cares. You are talentless.
> I have the legal definition of parody and fair use so save yours for
> another,
I'll post such references when I find them for you and everyone on these groups
to be aware of.
For all I know you can get away with being a 2-year-old.
> I have all the paper work filled out for SBC, this is going to be fun.
I don't think they were shutting you down because of DCMA.
Their TOS allows them to dump you for any reason.
How do you figure you can fight it? They can dump you.
It isn't like telephone service exactly. At least that is the way the courts
have ruled according to people that should know.
> I even have a summons ready for Ed Whitacre the scamming cock-sucker
> CEO of SBC, did you know that he makes 20 mil a year; rather the carpet
> bagger raids the corporate coffers to the tune 20 mil. SBC hosts some of
> the internets biggest spammers;
Yes. Some Carriers ban ALL mail from SBC's servers IP ranges.
> they have NO local offices and operate in
> complete stealth! They buy politicians, twist telecommunication laws to
> suite themselves and often at the expense of the consumer. They engage in
> monopolistic practices and ( I think) conspire to fix rates.
Then pick on them.
I tell you that if there is a cause worth fighting it is that,
and not a sandbox campaign against a gimp pervet,
and some lame Usenet poets.
> But what do you care, It ain't about you.
There are a million causes.
Your moronic obsession with people on these groups is about as
stupid as it gets.
Use a killfile.
--
Tom Bishop
"a rooster
an empty room
poverty"
http://Poetic.ZapTo.Org
Michael Cook
"Master Po" <V...@Of-Roses.info> wrote in message
you are like an intentional ying! (nothing to do with yang)
other then that I have no reply to your delusional paranoia.
pandora
Yes, he can. He wants you to use a killfile because he can't figure out how
to do it.
> you are like an intentional ying! (nothing to do with yang)
> other then that I have no reply to your delusional paranoia.
>
Let him stew in his own juices.
Marg
Master Po
> you cannot possibly be as dense as you come off as, can you?
If there is anything you find hard to understand just ask.
I don't feel dense at all.
I feel you are making a moron of yourself, but you were
a moron, and apparently not backing off.
> you are like an intentional ying! (nothing to do with yang)
You are like a /nothing/ that I want to killfile.
Nothing to do with Alpha male or your trailer park status.
> other then that I have no reply to your delusional paranoia.
Idiot, I just want to stuff you. You can call it anything
you want. You are a turd that needs flushing if you are
going to steal photos and text. When you stop I killfile you
and perhaps before.
--
Tom Bishop -- http://Poetic.ZapTo.Org
"So many women, so few hatboxes."
-- Dale Houstman
Master Po
> He wants you to use a killfile because he can't figure out how
> to do it.
I just did it to you, pixie poo.
The mikey idiot has a criminal thing I feel a need to watch.
But thanks for your idiocy one more time,
since you won't leave as you promised.
--
Tom Bishop -- http://Poetic.ZapTo.Org
"Maybe we're ALL in the wrong place,
but - what the hell - let's stick around
for no good reason." --Dale Houstman
pandora
"Master Po" <V...@Of-Roses.info> wrote in message
>
>
> > He wants you to use a killfile because he can't figure out how
> > to do it.
>
> I just did it to you, pixie poo.
Thank you SO much.
Marg