Copyright Fight Over Competing Abortion Videos Results In Awkward Fair Use Ruling
from the why-must-it-be-parody dept
Okay, let's just start out this post by noting the fact that abortion is an extremely controversial issue where people have very, very strong feelings on both sides. This post -- indirectly -- does deal with the debate over abortion, but it is not the point of the post, nor does the debate over abortion have anything whatsoever to do with the topics of interest here. Thus I am making a request, up front, that the comments on this post focus on the copyright issues raised by this ruling.The case involves a clinic that performs abortions, Northland Family Planning, which made a video about the procedure. Another group, which opposes abortions, the Center for Bio-Ethical Reform, took those videos and made its own versions, with a very different message. I'm not going to embed the videos, but you can find the Northland video here or here. You can see the CBR video here (this one is NSFW). Northland was unhappy about CBR using their video to create one with a very different message... and sued, claiming copyright infringement.
The district court ruling found that the CBR video was fair use, though it did so in a convoluted and twisted way -- basically arguing that the new video was a "parody" of the original. It basically did this to try to fit with the clear rulings around parody, but in doing so avoided clear statements of how transformative use in a non-parody setting, for commentary or criticism, can also be fair use. Rebecca Tushnet's writeup goes through, in great detail, how the court seemed to get pretty contorted in trying to make this about parody, even when it's not really. That's unfortunate, because it makes perfect sense that the CBR video is fair use -- and it's obvious that Northland sued not because of worries about the copyright, but rather because it disagreed with the message CBR was spreading. That's a misuse of copyright law, but one that is all too common.
The first line in Tushnet's post makes the point about this kind of copyright abuse:
Here’s a rule worth following: Don’t sue your critics for copyright infringement.It's just too bad that the court couldn't make a simple ruling on the clear fact that the lawsuit was really an attempt to stifle a disagreeing viewpoint, rather than any of the basic rationales for copyright. Twisting this into a "parody" case makes for some awkward and slightly unbelievable claims in the ruling, when a statement on how commentary and criticism can be protected fair use would have been much more worthwhile.
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: abortion, criticism, fair use, parody
Companies: center for bio-ethical reform, northland family planning
Reader Comments
Subscribe: RSS
View by: Time | Thread
not so sure we can easily lump this in under criticism/commentary
[ link to this | view in chronology ]
Re: not so sure we can easily lump this in under criticism/commentary
However, without seeing the videos, I can see how it could be parody. Just because you are talking about a serious subject that people have very strong feelings on does not mean you can't use some very dark parody. Heck, wikipedia says that Parody "is an imitative work created to mock, comment on, or trivialise an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation". I'd says it's pretty ironic to use a pro-abortion video to mock, comment on or trivialize pro-abortion stances in an anti-abortion video.
[ link to this | view in chronology ]
Re: not so sure we can easily lump this in under criticism/commentary
For example, if I want to criticize Fox News, or maybe CNN instead, it is fair use to make use of a clip of their work -- even though I may not be criticizing the actual work.
Perhaps a better example, if I wish to criticize a US congress critter (no matter which party) it would be fair use to include from a copyright work of theirs if it supports the critical argument -- even though it is not the work itself being criticized.
[ link to this | view in chronology ]
someone had to do it
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
NO.. Don't tell me, The rest of the world has the context of these videos as a non-issue and no politician would be caught dead by their wife in even raising it. Only in America is it an "election issue" *massive eyeroll of stupidity*.
Getting back to the matter at hand, I agree with Mike.. stupid ruling that came to correct answer. Parody is NEVER this. Commentary of puplic interest situation (only in the USA mind you) would of been much better and correct.
You lot are really weird about womens bodies, and what you think they should or shouldn't be allowed to do with them.. Think the court tried to act in an impartial manner by actually showing bias by making the case about the context of the videos and not the specific data copied and its usage itself. Nucking Futs!
[ link to this | view in chronology ]
Re: Re:Parody
Parody is sometimes the best way to protest the stupidity and moral wrongdoing at hand. It brings about public awareness of problems and gets people aware of their surroundings. Now if it were satire, I'd have an issue...satire makes direct fun of it (given the subject, abortion isn't funny, it's just sad and unethical).
The tittle that CRB gives "The MOST SHOCKING AND DISGUSTING VIDEO YOU WELL EVER SEE," is generally the parody part, the video is unchanged.
[ link to this | view in chronology ]
Re: Re: Re:Parody
[ link to this | view in chronology ]
Re: Re: Re:Parody
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Ethics
Not to say anything either way Mike, but most people outside of the medical community really don't understand Abortions in planned parenthood (which is more like a beurocracy) go against the Hypocratic Oathe they are sworn into upon getting their MD. I mean I'm one who is against abortion, and maybe CBR is too. The point is CBR has right to protest and show their disgust this way, and it does accurately portray what procedures are done and how they are executed.
There are great alternatives to abortions, may not be as effective at preventing, but it doesn't hurt as much to use them as it does abortion. My ethics on abortion are slightly mixed. It disgusts me for two reasons.
1. At three weeks, you have nerve endings, a beating heart, the capability to move around and kick, and smile....I cannot kill things that smile at me.
2. It puts the mother in more harm and can cause massive infections. You have to keep your uterus' outside at a certain temperature...anything higher or lower will either cause infection, or make it useless for further child bearing.
3. It costs more on average for an abortion. The procedure isn't covered on most health insurance plans because of the risks involved. It is cheaper to get condoms and BC pills and far less risky to your health
Now, try not to get me wrong, there are certain cases where the baby needs to come out where it dies in the placenta....but they enduce child birth to do that, and while it is a ton more painful...it's short term physically.
Sorry about the spark of debate, buy honestly I think CBR is doing the right thing.
[ link to this | view in chronology ]
Re: Ethics
answer that, and you've answered the abortion issue...
art guerrilla
aka ann archy
art guerrilla at windstream dot net
eof
[ link to this | view in chronology ]
Re: Re: Ethics
[ link to this | view in chronology ]
Re: Ethics
[ link to this | view in chronology ]
Re: Re: Ethics
As for any irrelevant statement "It's my body, I can do what I want with it," you have every right ruin your reproductive system any way you like. If you have a problem with that, use BC or a condom, or if you are just that fertile, there are ways of making love without penetration or touching yourself.
[ link to this | view in chronology ]
Re: Re: Re: Ethics
Try Reddit.
[ link to this | view in chronology ]
Re: Re: Re: Re: Ethics
[ link to this | view in chronology ]
Re: Re: Re: Ethics
[ link to this | view in chronology ]
Re: Ethics
If I make a video about how to do CPR I still own the copyright on the video even if the knowledge I have is from a well documented book. If someone copies my video (in a way that's not covered by fair use) then they have violated copyright laws. That is the debate at hand, not the information, but the video itself. Is using the video the way they did fair use?
The judge says it is commentary on the video where we see it as commentary on abortion as a whole. Using the work as commentary on the work itself is protected by fair use where as using the work as commentary on something else is not. I see it as both, they're doing commentary on both the video and abortion as a whole.
[ link to this | view in chronology ]
Re: Ethics
[ link to this | view in chronology ]
Re: Ethics
Including abortions to terminate pregnancy due to rape or incest?
You are one sick boy, boy.
[ link to this | view in chronology ]
Re: Re: Ethics
[ link to this | view in chronology ]
Re: Re: Re: Ethics
[ link to this | view in chronology ]
Re: Re: Re: Ethics
No, they don't.
[ link to this | view in chronology ]
Re: Re: Ethics
I say this having had this debate with well over 100 of these people over the past 15years...
i love how he says most babies/fetuses die within weeks if they are from incest....funny, I have read up on this and the research I have seen actually says they tend to be fine, just higher risks of whatever genegic medical problems the family carries.....
still....this is the kinda moron who would advocate for a 9yo was raped by her uncle to give birth.
[ link to this | view in chronology ]
Re: Ethics
[ link to this | view in chronology ]
Re: Re: Ethics
they might be pro defend ourselfs from hostile forces, pro steal resources from other countries or pro cleanse the undesirables but non of them are to keen on the wars themselves
[ link to this | view in chronology ]
Re: Re: Re: Ethics
[ link to this | view in chronology ]
Re: Ethics
Wally, Mike asked that this remain a discussion about the copyright issues. Despite Mike's request you have thoroughly attempted to make this about your religious beliefs.
So here is what I believe; you, Wally, are the reason that long ago women should have been forced to abort babies. You should have never been allowed to exist in any sane society.
[ link to this | view in chronology ]
Re: Ethics
first, any doctor who does any surgery to not save your life, is guitly, according to you
and it is a bunch of useless words
[ link to this | view in chronology ]
Religious groups.
[ link to this | view in chronology ]
Re: Religious groups.
[ link to this | view in chronology ]
Re: Re: Religious groups.
[ link to this | view in chronology ]
Re: Re: Re: Religious groups.
[ link to this | view in chronology ]
Re: Re: Re: Re: Religious groups.
[ link to this | view in chronology ]
Whether this is fair use or not - it probably is, but I think it's an underhanded way of doing so.
[ link to this | view in chronology ]
Criticism
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Oh... the OTHER abortion.
NAFTA.
got it.
Yeah - those abortions should all be illegal and oh. wait. were my reference parody? yeah. fair use!
[ link to this | view in chronology ]
I think it counts
But I also had to comment to say that when I went to the "pro choice" page to look at their original video I thought I had made a mistake and gone to the "pro life" page!
How can those people call themselves "pro choice"? They go on and on about what a "difficult" decision abortion is.
If I went to get an abortion and someone started talking about the "difficult choice" of abortion I'd think I'd wandered into one of those fake clinics the evangelicals had set up. News Flash: For most of us getting an abortion is not "difficult" on any level.
To make it worse... they reassure the viewer over and over again that "good women" get abortions all the time. How condescending is that?
[ link to this | view in chronology ]
Hate to see where this would have gone...
I understand the passionate beliefs on both sides of the abortion debate, but I'm disappointed to see that so many in this community cannot keep to the subject at hand. /end-rant
I wonder if the judge made use of the convoluted argument because he didn't find the usage consistent with "fair usage" (i .e. it was too transformative) . Thus, his only alternative was to up the ante by calling it parody.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]