Re: [rumori] Re: [plunderphonia] FW: [snuggles]: Droplift Reaction by RobReal

From: illegal art (
Date: Wed Aug 16 2000 - 06:26:00 PDT

> The Fair Use doctrine
>is an exception to copyright law for certain cases involving education,
>review, commentary, parody, critique... i don't have the exact wording in
>front of me but i think that sums it up. But what that means is that if
>you use someone else's copyrighted work and they sue you, you still have
>to PROVE that it's fair use in a court of law, which means you have to
>show that it's one of those things: education, review, commentary, parody,

around the time of (what was that release called?) I researched different
cases and one that was very interesting was the book... (this is off the
top of my head... )

The Cat Not In The Hat - A Parody by Dr. Juice

they lost because it was ruled that the book was a satire and not a parody.
satire does not qualify as fair use since it does not require the re-use of
other materials to make its point. this book didn't offer any commentary
on the Cat in the Hat and therefore was not fair use. it did offer some
commentary on OJ Simpson but that wasn't the issue.

also, even if something is parody, commentary, etc. etc. etc. other factors
are weighed, such as if the product interferes with the market of the
product you're borrowing from... oh i can't remember the rest. but i
remember there were four things they look at... oh another one is how much
you borrow... Fair Use is a case by case situation (as defined by the
Supreme Court)... very nebulous and gray. and of course this is just the

it's very scary to think that a lot of what rumori/plunderphonia people do
might not stand up if the day in court really arrived. we like to beat our
chests and pretend that we're covered by fair use...

but just because something isn't covered by fair use doesn't mean we're all
going to hell in a hand basket... according to the Illegal Art manifesto
artists can do whatever they want regardless of the laws. it's better to
tell RobReal that you transcended such pedestrian laws long before he had
access to AOL to voice his silly opinions and waste your precious time.

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