Fair Use Week Day 5: “Famous” Fair Use Cases: Parody

For the last day of Fair Use Week, we’re sharing another comic related to music, and a couple of interesting cases related to parody.

And to round out the week, I’ve also included this link to A Fair(y) Use Tale, a “humorous, yet informative, review of copyright principles delivered through the words of Disney characters…

Campbell v. Acuff-Rose Music by Sarah W. Searle and Kyle K. Courtney (2016). (Read more about the case here.)

“Famous” Fair Use Cases: Parody

Fair use. A movie company used a photo of a naked pregnant woman onto which it superimposed the head of actor Leslie Nielsen. The photo was a parody using similar lighting and body positioning of a famous photograph taken by Annie Leibovitz of the actress Demi Moore for the cover of Vanity Fair magazine. Important factors: The movie company’s use was transformative because it imitated the photographer’s style for comic effect or ridicule. (Leibovitz v. Paramount Pictures Corp., 137 F.3d 109 (2d Cir. N.Y. 1998).)

Not a fair use. An artist created a cover for a New Yorker magazine that presented a humorous view of geography through the eyes of a New York City resident. A movie company later advertised their film Moscow on the Hudson using a similar piece of artwork with similar elements. The artist sued and a court ruled that the movie company’s poster was not a fair use. Important factors: Why is this case different from the previous case involving the Leslie Nielsen/Annie Leibovitz parody? In the Leibovitz case, the use was a true parody, characterized by a juxtaposition of imagery that actually commented on or criticized the original. The Moscow on the Hudson movie poster did not create a parody; it simply borrowed the New Yorker’s parody (the typical New York City resident’s geographical viewpoint that New York City is the center of the world). (Steinberg v. Columbia Pictures Industries, Inc., 663 F.Supp. 706 (S.D. N.Y., 1987).)

Monica Moore, Scholarly Communication & Undergraduate Engagement Librarian – Hesburgh Libraries 

Day 4: Fair Use Week: Music

“Famous” Fair Use Cases: Music

Fair use. A person running for political office used 15 seconds of his opponent’s campaign song in a political ad. Important factors: A small portion of the song was used and the use was for purposes of political debate. (Keep Thomson Governor Comm. v. Citizens for Gallen Comm., 457 F.Supp. 957 (D. N.H., 1978).)

Not a fair use. Downloading songs is not a fair use. A woman was sued for copyright infringement for downloading 30 songs using peer-to-peer file sharing software. She argued that her activity was a fair use because she was downloading the songs to determine if she wanted to later buy them. Important factors: Since numerous sites, such as iTunes, permit listeners to sample and examine portions of songs without downloading, the court rejected this “sampling” defense. (BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005).)

Bill Graham Archives v. DK, by Sarah W. Searle and Kyle K. Courtney (2016). (Read more about the case here.)

 

Hesburgh Libraries – Day 3: Fair Use Week: Ever wonder how fair use applies to unpublished works? Read on…

Fair Use of Unpublished Works, by Sarah W. Searle and Kyle K. Courtney (2017)

“Famous” Fair Use Cases: Internet

Fair use. Displaying a cached website in search engine results is a fair use and not an infringement. A “cache” refers to the temporary storage of an archival copy—often a copy of an image of part or all of a website. With cached technology it is possible to search Web pages that the website owner has permanently removed from display. An attorney/author sued Google when the company’s cached search results provided end users with copies of copyrighted works. The court held that Google did not infringe. Important factors: Google was considered passive in the activity—users chose whether to view the cached link. In addition, Google had an implied license to cache Web pages since owners of websites have the ability to turn on or turn off the caching of their sites using tags and code. In this case, the attorney/author knew of this ability and failed to turn off caching, making his claim against Google appear to be manufactured. (Field v. Google Inc., 412 F.Supp.2d 1106 (D. Nev., 2006).)

 

Not a fair use. Several individuals without church permission posted entire publications of the Church of Scientology on the Internet. Important factors: Fair use is intended to permit the borrowing of portions of a work, not complete works. (Religious Technology Center v. Lerma, 40 U.S.P.Q.2d 1569 (E.D. Va., 1996).)

“A Worse Type of Slavery’: Photographic Witnessing along Georgia’s Jim Crow Roads”

 

A lecture by Steven Hoelscher, University of Texas-Austin

Thu Feb 28, 2019, 5:30PM – 6:45PM

 Annenberg Auditorium, Snite Museum of Art, University of Notre Dame

Steven Hoelscher, Professor of American Studies and Geography at the University of Texas Austin explores a crucial moment in the turbulent history of American race relations, when post-emancipation hopes for African American civic equality and economic independence were crushed by disenfranchisement, lynching, and a vast array of legal structures aimed at black suppression. Central to that white supremacist project was the South’s notorious penal system that coerced incarcerated African Americans into a new form of state-sponsored slavery. Although widely accepted by whites as a natural and beneficial solution to a labor shortage, the forced use of African American prisoners for the hard and often fatal work of road building and other tasks after the Civil War did not go unchallenged. Among those critics was the radical, investigative journalist John L. Spivak, whose anti-racist work may have helped him earn the moniker “America’s Greatest Reporter” from Time magazine, but who has been largely forgotten.

Today, when the confluence of race and incarceration has resurfaced as a central national issue, it is essential to understand their historical antecedents, a point powerfully demonstrated in Michelle Alexander’s important bestseller, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2010) and the Equal Justice Initiative’s recently opened legacy museum, From Enslavement to Mass Incarceration. This presentation, as it examines the “Old Jim Crow,” investigates one man’s efforts to expose the atrocity of racially-based forced labor through the act of photographic witnessing.

This program is co-sponsored by Notre Dame’s Department of American Studies.

Day 2 of Fair Use Week: Author’s Guild, Inc. v. Google Books

Today we’re looking at Authors Guild, Inc. v. Google Books   (comic written by Kyle K. Courtney and Jackie Roche from 2018)  and a couple of cases related to artwork…enjoy!

(Read more about the case here.)

“Famous” Fair Use Cases: Artwork

Fair use. A publisher of monster magazines from the 1950s, ’60s, and ’70s sued the creator and publisher of a book, Famous Monster Movie Art of Basil Gogos. (Gogos created covers for the magazines.) The book publisher had obtained licenses from the artist directly, but not from the magazine publisher who claimed copyright under work-made-for-hire principles. The district court determined that the use was transformative. Important factors: The use was for a biography/retrospective of the artist, not simply a series of covers of magazines devoted to movie monsters. In addition, the magazines were no longer in print, and the covers amounted to only one page of the magazine, not the “heart” of the magazine. (Warren Publishing Co. v. Spurlock d/b/a Vanguard Productions, 645 F.Supp.2d 402, (E.D. Pa., 2009).)

Not a fair use. The U.S. Postal Service (USPS) licensed the use of a photograph of the Korean War veterans’ memorial sculpture for a postage stamp, but failed to obtain permission from the sculptor who held copyright in the underlying three-dimensional work. The U.S. Court of Appeals for the Federal Circuit held that the use of the underlying sculpture depicted in the photograph was not permitted under fair use principles. Important factors: It was not enough to transfer the work from three dimensions to two dimensions (despite the creative use of photography and snow in conjunction with the photos). (Gaylord v. United States, 595 F.3d 1364 (Fed. Cir. 2010).)

 

Monica Moore

Scholarly Communication & 

Undergraduate Engagement Librarian

Hesburgh Libraries

Smithsonian Libraries Presents: Education Latinx Narratives Project-Applications Due: March 22, 2019

Education Latinx Narratives Project

For Summer 2019, the Smithsonian Libraries’ (SIL) Education Department is seeking two interns to assist in the creation of an interactive classroom resource (Unstacked) funded by the Latino Initiative Pool (LIP) Award. Interns in this project will receive a stipend and are eligible for a travel allowance. This internship involves selecting complimentary Smithsonian Libraries images, Smithsonian Institution 3D objects, and Smithsonian Folkways songs and sound files that explore and represent Latinx cultures. The interns will gain experience authoring lessons plans that will accompany the materials in a classroom setting and help guide the visual, tactile, and audio elements of the materials. These lesson plans will be differentiated based on four age groups and across four core concepts (STEM, Cultural History, Language Arts, and Social Justice). In addition, lesson plans will be translated in both Spanish and English.

The ideal candidates for this internship will be currently enrolled in or recently graduated from a Masters program in Education, Museum Education, Library Science, Latino Studies, or related field.  Strong proficiency in Spanish and English is required. Experience developing educational materials preferred. Start and end dates are flexible, minimum work must be equivalent to 10 weeks, full-time. Applications close March 22nd, 2019. 

Through this internship, a student will have the opportunity to learn about working with historic materials to tell diverse stories. The student will learn how to collaborate within a cohort of peers and work alongside experience professionals. The student will hone skills in research, writing, storytelling and design and gain experience developing an educational tool to be sent out to schools nationwide. Finally, the student will strengthen their knowledge of the library and museum fields.

Application Materials

All applications must be submitted through the Smithsonian Online Academic Appointment system:https://solaa.si.edu. Applicants should be sure to choose “Smithsonian Institution Libraries” as the unit, “Smithsonian Institution Libraries Internship” as the program and “Education – Latinx Narratives” as the preferred project. Please be sure to include the following:

  • Application
  • Resume detailing your experience, career interests and internship goals
  • Unofficial Academic Transcriptions from all colleges/universities attended
  • Academic Essay: two pages describing how academic goals, qualifications and career aspirations relate to the internship at Smithsonian Libraries
  • Two letters of professional or academic recommendation

Applications close March 22, 2019.

Payment
Interns will recieve a stipend of $5,000 (a rate of $500 per week). In addition, students may recieve an allowance covering roundtrip travel costs to and from the Smithsonian.

Schedule
Applicants should expect to be notified of selection status in early April. Internships will be performed for 10 full weeks during the summer. Internships typically begin in early June, though exact dates are flexible, depending on project and supervisor.

Further inquiries about Smithsonian Libraries Internships should be directed to Erin Clements Rushing (rushinge@si.edu).

Additional information about the Libraries internship program may be found online: http://library.si.edu/internships-and-fellowships

“The March” – A Digital Exhibition: Tuesday, January 15, 2019 at 7:30 PM

Check out The March (themarch.uoregon.edu), a new digital exhibition about James Blue’s documentary film on the 1963 March on Washington. Explore the film’s history and meaning through archival documents, interviews, Oval Office recordings, and more.

James Blue was commissioned by the United States Information Agency to make a film about the March on Washington that would share that momentous event with the world. Expected to produce a work of upbeat propaganda, Blue instead created something much richer and more complex, showing racism confronted by anti-racism, and conflict balanced by collaboration. The film’s release sparked a political controversy that threatened to derail the passage of the 1964 Civil Rights Act. President Lyndon Johnson reached a compromise with angry senators: the Civil Rights Act would move ahead, but Blue’s film would not be screened in the US until decades later.

The exhibition was led by Professor David A. Frank and co-sponsored by University of Oregon Libraries and the Jordan Schnitzer Museum of Art, with support from The Andrew W. Mellon Foundation.

Franny Gaede
Head, Digital Scholarship Services
University of Oregon Libraries
Knight Library 143
541-346-1854
library.uoregon.edu/dss
orcid.org/0000-0002-4482-8577
Pronouns: she, her, hers

Register for Free Webinar for February 5, 2019 : Revealing Hidden Collections: The Our Story Digitization Project -Atlanta University

Revealing Hidden Collections:

The Our Story Digitization Project at the Atlanta University Center

The Mechanics- Part 2

 

WEBINAR!

 Date: Tuesday, February 5, 2:00-3:00 pm EST

 Cost:  FREE to all

 Speakers:

Aletha Moore, Digitization Project Manager, Atlanta University Center Robert W. Woodruff Library

Chelly Tavss, Digitization Project Manager, Digital Library of Georgia

Christine Wiseman, Head Digital Services, Atlanta University Center Robert W. Woodruff Library

 To join:

https://us.bbcollab.com/guest/70ad0aee00d14e25bc61d97be07f2e96

 Description:  Beginning in 2017, Our Story is a two and a half year collaborative mass digitization project funded by the Council on Library and Information Resources.  Partners include the Atlanta University Center Robert W. Woodruff Library (AUC Woodruff Library), Morehouse College, Spelman College Archives and the Digital Library of Georgia.  Through digital reformatting and a portal of publically accessible collections, this project intends to broaden access to historic publications, periodicals, theses and dissertations and photographs documenting the history of the Atlanta University Center, the largest consortium of Historically Black Colleges and Universities.  

 This session– part two in a series of three –will provide attendees with a deeper dive into the mechanics of implementing a complex project with multiple partners.  Topics include writing the proposal, vendor selection, preparing collections for digitization, metadata creation, designing workflows and making the collections accessible.  Speakers will focus on lessons learned and project management strategies that should be applicable to similar initiatives.  The third webinar will focus on strategies for outreach, dissemination and incorporating content into curriculum.  View the recording of the first webinar here.  

 This project is made possible with support from the Council on Library and Information Resources (CLIR).  The webinar series is co-sponsored by the HBCU Library Alliance, the Digital Library of Georgia and the AUC Woodruff Library.

                                  

 

 

 

 

 

 

Christine Wiseman
Head, Digital Services Department

Atlanta University Center Robert W. Woodruff Library

111 James P. Brawley Drive, SW

Atlanta, GA  30314

404-978-2038 (v)

http://www.auctr.edu

cwiseman@auctr.edu

 

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We will always provide service that exceeds the customer’s expectation… Because we care!

Happy New Year: Start the Academic Year with a Free Webinar! – Register Today

Spiritually Thinking: Books for the Mind, Body and Soul
Tuesday, January 15, 2018
3-4 PM ET, 12-1 PM PT

As the new year begins, we often find readers seeking introspection and re-examining their purpose and journey through life. Join us for a truly inspiring webcast and learn about plenty of upcoming releases covering everything from creative mindfulness and stress management, to thoughtful after-death rituals, the science of synchronicity, and understanding addiction and recovery.

We look forward to seeing you there!

Register Now!

Panelists

Patrick Hughes, Sales and Marketing Manager, Central Recovery Press

Monique M. Muhlenkamp, Publicity Director, New World Library

Maria Akhter, Associate Publicist, North Atlantic Books

Bevin Donahue, Marketing and Publicity Manager, North Atlantic Books

Julia Sadowski, Publicist, North Atlantic Books

Moderator

Sandra Collins, PhD, Professor of Sacred Scripture and Director of Information Services, Byzantine Catholic Seminary of Ss. Cyril and Methodius

Register

Can’t make it January 15th? No problem!
Register now and we will email you when the webcast is available for on-demand viewing.