Fair Use Or Fairly Useless?

from the fairly-useless dept

Mon, Aug 1st 2011 6:57am — Nina Paley

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, fair use

25 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

johnjac (profile), 1 Aug 2011 @ 6:58am

Fair Use is a Defense
"Fair use is a defense, not a right" says Copyright Holder with a gun.
[ link to this | view in thread ]
The eejit (profile), 1 Aug 2011 @ 6:59am

2nd Amendment copyright? Wow.
[ link to this | view in thread ]
Gabriel Tane (profile), 1 Aug 2011 @ 7:28am

Re:
Now I have some wierd shotgun-wedding thing in my head...

"Ya'll done used my IP... now ya'll goan do right by 'er, y'hear?" Click-Clack.
[ link to this | view in thread ]
Nicedoggy, 1 Aug 2011 @ 7:41am

There should be a 4th frame in there.
The one showing Mimi going to the underground and joining the rebels alliance.

People take away all the legal options people have, sooner or later they will join the "other side" of the debate.
[ link to this | view in thread ]
Anonymous Coward, 1 Aug 2011 @ 7:57am

Is this meant to be your shield? A piece of paper?
[ link to this | view in thread ]
A.R.M. (profile), 1 Aug 2011 @ 7:59am

Well, it's under Section 8 for a reason.

IT'S INSANE.

But, just like poor Klinger, it's not insane enough.
[ link to this | view in thread ]
Anonymous Coward, 1 Aug 2011 @ 8:01am

Re:
A+ for the reference.
[ link to this | view in thread ]
Anonymous Coward, 1 Aug 2011 @ 8:03am

Re: Re:
"You win or you die" also seems appropriate. In a financial sense, anyway.
[ link to this | view in thread ]
pegr, 1 Aug 2011 @ 8:51am

Nina scores again...
While Mike has been singing the praises of Nina and her crazy experiences with the soundtrack to "Sita" for awhile now, I've only recently indulged myself in her work. What a fool I've been for waiting.

Nina (er, Ms. Paley?), great stuff! I've also managed to make a few more fans for you. I want a Mimi and Eunice t-shirt!

;)
[ link to this | view in thread ]
Marcus Carab (profile), 1 Aug 2011 @ 9:18am

Re:
A+ seconded. I recently started re-watching M*A*S*H from the first episode, sans laugh-track (which makes it so much better) and it still holds up today as an amazing show

‎"Without love, what are we worth? Eighty-nine cents. Eighty-nine cents worth of chemicals walking around lonely." - Hawkeye Pierce
[ link to this | view in thread ]
Marcus Carab (profile), 1 Aug 2011 @ 9:19am

Re:
er... was looking in flattened mode and thought other AC's "A+ for the reference" was directed at you.

So A+ not "seconded". Instead I move that this reference also be graded A+ :)
[ link to this | view in thread ]
Anonymous Coward, 1 Aug 2011 @ 10:28am

It's an amusing cartoon, if it was true. But really, fair use has continued to be expanded since it's legal creation, not contracted. Nobody is shooting holes in it, rather it is being claimed as a defence for everything under the sun, and failing in many of them. That doesn't mean fair use is failing, just the people who try to use it to cover questionable activities.

Once again, Nina preaches to the choir. A few giggle, anyone with a brain dismisses it for the propaganda it really is.
[ link to this | view in thread ]
Gabriel Tane (profile), 1 Aug 2011 @ 10:57am

Re:
" But really, fair use has continued to be expanded since it's legal creation, not contracted."
aaaaaaand no citation. Not suprised.

"Nobody is shooting holes in it, rather it is being claimed as a defence for everything under the sun, and failing in many of them."
Interesting that you don't address whether or not those defenses could be accurate and fair defenses... just that they're losing. And you also don't go out to state that the defenses are being denied on correct and fair interpretation of Fair Use... after all, we've seen over the last few months that many judicial entities are interpreting the law in what could be considered 'questionable ways'. Without citations to back up your claims, I�m going to hang my hat on this side of the pole. It�s just as reasonable as yours.

So, is Nina trying to say that Fair Use is bleeding on the floor? Maybe, maybe not. Is it clear, to those of us who feel that Fair Use is being shot down out-of-hand, that it is not as formidable a protection as it once was (and should be)? Apparently.

"Once again, Nina preaches to the choir. A few giggle, anyone with a brain dismisses it for the propaganda it really is."
ZZZZZZOMG! You mean Nina drew a political cartoon which expresses her opinion and posted it on her website which is probably viewed by those who share that opinion!?!?111!?!?!??!11111one!!2

Nina! You evil, dastardly, devious, subversive mind! Propaganda?! Sounds like something the NAZIS would use!!!! YOU MUST BE CHANNELING SCHWEITZER!!!!!!!!one!!!o!!!n!!!e!!!

crap. broke the exlaimation button on my keyboard. Well, AC, I hope I successfully illustrated how foolish that last part of your opinion [sic] was.
[ link to this | view in thread ]
Anonymous Coward, 1 Aug 2011 @ 12:59pm

Re: Re:
Oh Gabriel, why would a citation be needed? Since the creation of fair use, there has been plenty of well documented and well discussed expansion of it. One only has to look at the results of the VHS taping debate to know that. We also all know that things like time shifting television through digital methods has been allowed, extending fair use rights.

As for Nina's cartoon, I disagree with the opinion, I find it to be without merit, and mostly the whining of someone still pissed off because she can't make a living on the back of other people's work.

Perhaps you would like to stick to debating the concepts rather than going for mocking. It makes you sound like an idiot.
[ link to this | view in thread ]
Any Mouse (profile), 1 Aug 2011 @ 1:50pm

Re: Re:
I mock Klinger by eating his beloved Tony Packo's Hot Dogs while sitting in Jamie Farr Park.

Gotta love Toledo for /something/.
[ link to this | view in thread ]
Gabriel Tane (profile), 1 Aug 2011 @ 2:00pm

Re: Re: Re:
"Oh Gabriel, why would a citation be needed? Since the creation of fair use, there has been plenty of well documented and well discussed expansion of it."
When you say things like 'well documented' and 'well discussed' without citations, people (rightfully) think you're pulling things out of your ass. And if it is so 'well documented', leaving out the citations is lazy at best... dishonest at worst.

"One only has to look at the results of the VHS taping debate to know that."
You and I have a different opinion of "know" and "expand". I look at the VHS (and other such situations) as the spirit of Fair Use being applied to new technology that has never been addressed before. Since the spirit has not been changed, I wouldn't call that 'expansion' in the same tone you use.

" As for Nina's cartoon, I disagree with the opinion, I find it to be without merit, and mostly the whining of someone still pissed off because she can't make a living on the back of other people's work."
and your opinion has been noted and filed under "troll".

"Perhaps you would like to stick to debating the concepts rather than going for mocking. It makes you sound like an idiot."
Of what concepts would you be speaking? the only 'concept' (read: opinion) you brought forward that wasn't lacking in needed citation was that this cartoon is propoganda. Sorry, but I fail to see how that concept is worthy of anything but mockery... much less debate.

I promise you... of the two of us, I'm not the one in danger of looking the fool.
[ link to this | view in thread ]
Any Mouse (profile), 1 Aug 2011 @ 2:01pm

Re: Re: Re:
You really shouldn't be surprised if you get a cold reception for your posts. You still fail to provide anything other than your opinion, which you are quite welcome to, but if you fail to provide citations to support it, it is only an opinion.

Are you one of those that decry people going to sites that support your opinion and stating our own? I know there are many that come here and do just that.
[ link to this | view in thread ]
Anonymous Coward, 1 Aug 2011 @ 2:17pm

Re: Re: Re: Re:
Are you kidding? Check this:

...ZZZZZZOMG! ...

...Sounds like something the NAZIS would use!!!! YOU MUST BE CHANNELING SCHWEITZER!!!!!!!!one!!!o!!!n!!!e!!!...

You look like quite an idiot. Promise.
[ link to this | view in thread ]
Gabriel Tane (profile), 1 Aug 2011 @ 6:06pm

Re: Re: Re: Re: Re:
Apparently, satire is lost on some.
[ link to this | view in thread ]
martyburns (profile), 2 Aug 2011 @ 2:19am

Re: Nina scores again...
I want a Mimi and Eunice t-shirt!
Me too!
[ link to this | view in thread ]
Gabriel Tane (profile), 2 Aug 2011 @ 5:41am

Re: Re: Nina scores again...
Hey... that would be a CWF+RtB. Look! Nina can monetize something she does for free without charging a pay wall for her site, or controlling the distribution, or suing the shit out of people! Neat!
[ link to this | view in thread ]
spc, 3 Aug 2011 @ 2:16am

I'd use flamethrower!!
[ link to this | view in thread ]
spc, 3 Aug 2011 @ 2:17am

I'd use flamethrower!!
[ link to this | view in thread ]
HERAPARA JAYDEEP, 17 Oct 2011 @ 9:28am

HERAPARA JAYDEEP
HERAPARA JAYDEEP
[ link to this | view in thread ]
Leandro B, 27 Feb 2012 @ 10:41am

School
How to use fairly,i have an work in the school
[ link to this | view in thread ]