WFMU and the Free Music Archive recorded a special episode of Radio Free Culture, a weekly podcast exploring issues at the intersection of digital culture and the arts, for fair use week 2015.
In this episode, Cheyenne Hohman, RFC host and current Director of the FMA, spoke with Ellen Duranceau, Program Manager for Scholarly Publishing, Copyright & Licensing at the Massachusetts Institute of Technology. We talk about the four elements of fair use, how to determine if your use is fair, and talk about other issues around the edges of copyright, music, technology, and more.
Check out the podcast on WFMU, PRX, or subscribe to the Radio Free Culture via iTunes, or listen here.
Or via the playlists.
(Thanks to the freemusic archive for this write-up, which was adapted slightly from their blog.)
MIT Libraries Office of Scholarly Publishing, Copyright & Licensing
In celebration of Fair Use Week, the MIT Libraries’ Office of Scholarly Publishing, Copyright, and Licensing has launched a mobile version of the web-based Fair Use Quiz that was initially released last year.
Access the quiz here.Read More›
Copyright lawyer Jonathan Band details cases of fair use in everyday life (PDF document).
Post by Molly Schwartz, Associate Fellow, R Street Institute
Is it legal for me to publish a blog post with this title? Am I violating copyright law? I am, after all, reusing lyrics from the chorus of a popular Beatles song. The recognizability and cultural resonance of the lyrics is exactly what makes it an appealing title for me to use.
Jessica Vosgerchian is a 3L at Harvard Law School and a Copyright Fellow for the Harvard Office for Scholarly Communication. She has worked on copyright issues in the public and private sectors.
Last September, the Court of Appeals for the Seventh Circuit diverged from the judicial trend of treating “transformative use” as the most important element in the test to determine whether a defendant’s use of another’s work was fair, and so not infringement under the Copyright Act. In Kienitz v. Sconnie Nation LLC, 766 F.3d 756 (7th Cir. 2014) (Kienitz II), the Court affirmed the lower court’s holding that the defendants’ manipulation of a photo for a t-shirt design constituted fair use but employed a different interpretation of the fair use test.