Intro topic
Judge: Copyright Owners Must Consider 'Fair Use' Before Sending Takedown Notice
In the nation's first such ruling, a federal judge on Wednesday said copyright owners must consider "fair use" of their works before sending takedown notices to online video-sharing sites.
The 10-page decision (.pdf) came a month after Universal Music told a San Jose, California federal judge that copyright owners need not consider the "fair use" doctrine before issuing takedown notices requiring online video-sharing sites to remove content.
The doctrine, recognized by the Digital Millennium Copyright Act, permits limited use of copyright materials without the owner's permission.
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Listener questions:
 Brian asks: I'm a freelance digtal effect animator. I took a job up
in Montreal for about a month in 2007.
the company did not pay me for my services, what recourse do I have?
There are also (50,100) artist who didn't get paid. The production was
Journey to the Center of the Earth 3D. the company was Meteor studios.
They have seens filled for bankruptcy and opened under a new name
Lumiere. I have alot of info on this matter. Is there anything we can
do about getting our back wages?
Nancy asks: I am asking this question for a person who owns a dance
studio. On their website they have a video of some dancers - none of
the faces are visible - they are all looking up and doing a leap. One
of the "mothers" left the studio last year to start her own studio and
is demanding this video be removed with a threat of legal action. No
waivers or permission forms were gotten in advance to cover any of
this.
First - does the video need to be removed? With the faces not visible
what is the rights of the "mother" who left?
Second - what is the potential penalty if the threat is ignored? Can
the dance studio only be forced to remove the video or are their
financial or criminal penalties for something as silly as this.
Noel asks: I have a script that is about to be sold with the help
of an agency. Agreements were made over the phone and through email on
the percentage of sale they are to receive and it was made clear that
they only receive a percentage when the script is sold. It's been a
year and a half and my script is collecting dust due to the laziness
of the agency which makes me ready to terminate any agreements. Are
they legally entitled to any money if I sell the script myself? No
contracts have been signed as all communication was through email.
Adam asks: I work for a freelance videographer and use their
equipment to videotape weddings and special events. Recently, they
gave me equipment that did not work. The camera battery was not
charged properly and was dead in less than 15 minutes, the bulbs in
the light kit blew out and the camera's tape mechanism failed. It was
a bad, suspicious day. The job was over 100 miles away and I did not
have backup equipment to complete the job so I went home. Would the
Bride sue me or the company and what are my rights if being the one to
blame?
Are cameras at traffic lights violating my rights? When you go
through a red light they record your license plate and mail you a
fine? is this legal?
6. Do I need a contract or permission to use a character from a famous
film in a 3 second video clip. Do I need to get permission?
Show notess
Gordon Firemark's
website
Theater Law
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