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ausip:copyrightdefences [2019/03/10 09:08]
jessiej_87 update content
ausip:copyrightdefences [2019/03/10 12:30]
jessiej_87
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 The leading case of //De Garis v Neville Jeffress Pidler Pty Ltd// considered the meaning of the terms "​research or study"​. The leading case of //De Garis v Neville Jeffress Pidler Pty Ltd// considered the meaning of the terms "​research or study"​.
  
-__De Garis v Neville Jeffress Pidler Pty Ltd__((18 IPR 292))+__//​De ​Garis v Neville Jeffress Pidler Pty Ltd//__((18 IPR 292))
  
 In the case of [De Garis v Neville Jeffress Pidler Pty Ltd](http://​classic.austlii.edu.au/​au/​cases/​cth/​FCA/​1990/​218.html) the court found that the respondent, a press clipping and media research bureau, who supplied photocopies of published material in return for a fee was not "​research"​ or “study” in the terms of s 40. In the case of [De Garis v Neville Jeffress Pidler Pty Ltd](http://​classic.austlii.edu.au/​au/​cases/​cth/​FCA/​1990/​218.html) the court found that the respondent, a press clipping and media research bureau, who supplied photocopies of published material in return for a fee was not "​research"​ or “study” in the terms of s 40.
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 * "​criticism"​ includes all kinds of criticism – it is not restricted to literary criticism - “review” is cognate with the word “criticism”;​ one is the process, the other is the result of the critical application of the mental faculties. * "​criticism"​ includes all kinds of criticism – it is not restricted to literary criticism - “review” is cognate with the word “criticism”;​ one is the process, the other is the result of the critical application of the mental faculties.
  
-__TCN Channel Nine Pty Ltd v Network Ten Ltd [2001] FCA 108__+__//​TCN ​Channel Nine Pty Ltd v Network Ten Ltd// (([2001] FCA 108))__
  
 In the case of [TCN Channel Nine Pty Ltd v Network Ten Ltd](http://​classic.austlii.edu.au/​au/​cases/​cth/​FCA/​2001/​108.html) Justice Conti noted that: In the case of [TCN Channel Nine Pty Ltd v Network Ten Ltd](http://​classic.austlii.edu.au/​au/​cases/​cth/​FCA/​2001/​108.html) Justice Conti noted that:
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-__TCN Channel Nine Pty Ltd v Network Ten Ltd (2002) 55 IPR 112__+__//​TCN ​Channel Nine Pty Ltd v Network Ten Ltd// (( (2002) 55 IPR 112))__
  
 In the Full Court'​s decision of [TCN Channel Nine Pty Ltd v Network Ten Ltd](http://​classic.austlii.edu.au/​au/​cases/​cth/​FCAFC/​2002/​146.html) Justice Hely (Sundberg and Finkelstein JJ agreeing) at [115] said the test is: In the Full Court'​s decision of [TCN Channel Nine Pty Ltd v Network Ten Ltd](http://​classic.austlii.edu.au/​au/​cases/​cth/​FCAFC/​2002/​146.html) Justice Hely (Sundberg and Finkelstein JJ agreeing) at [115] said the test is:
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-__Campbell ​v Acuff-Rose510 US 569 (1994)__+__//​Campbell ​v Acuff-Rose// ((510 US 569 (1994) ))__
  
-Supreme Court held that 2 Live Crew’s Parody of Roy Orbison’s ‘Pretty Woman’ was a fair use. +The Supreme Court held that 2 Live Crew’s Parody of Roy Orbison’s ‘Pretty Woman’ was a fair use. They used the familiar first line and opening melody, but changed all the rest of the lyrics (referring variously to ‘pretty woman’, ‘big hairy woman’, ‘bald headed woman’, ‘two-timing woman’) 
-* Used the familiar first line and opening melody, but changed all the rest of the lyrics (referring variously to ‘pretty woman’, ‘big hairy woman’, ‘bald headed woman’, ‘two-timing woman’) +2 Live Crew asked for a licence but were refused. They continued with the parody anyway. Even though 2 Live Crew took the ‘heart’ of ‘Pretty Woman’, "that heart is what most readily conjures up the song for parody, and it is the heart at which parody takes aim".
-2 Live Crew asked for a licence but were refused. They continued with the parody anyway. +
-Even though 2 Live Crew took the ‘heart’ of ‘Pretty Woman’, "that heart is what most readily conjures up the song for parody, and it is the heart at which parody takes aim"+
-* The new version was a transformative use – markedly different from the original and not substitutable in the market.+
  
-__Dr Seuss Enterprises v Penguin Books USA, Inc109 F.3d 1394 (9th Cir. 1997)__+The new version was a transformative use – markedly different from the original and not substitutable in the market. 
 + 
 +__//​Dr ​Seuss Enterprises v Penguin Books USA, Inc// ((109 F.3d 1394 (9th Cir. 1997) ))__
  
 * Used the style of a Dr Seuss book while retelling the facts of the OJ Simpson murder trial. * Used the style of a Dr Seuss book while retelling the facts of the OJ Simpson murder trial.
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 * It merely used Dr Seuss characters and style to tell the story of the murder. * It merely used Dr Seuss characters and style to tell the story of the murder.
  
-__Leibovitz ​v. Paramount Pictures Corp.137 F.3d 109 (2d Cir. N.Y. 1998)__+__//​Leibovitz ​v. Paramount Pictures Corp.// ((137 F.3d 109 (2d Cir. N.Y. 1998) ))__
  
 * Paramount photoshopped Leslie Nielsen’s head onto a photo of a naked pregnant woman, mimicking the famous portrait of Demi Moore by Annie Leibovitz for Vanity Fair. * Paramount photoshopped Leslie Nielsen’s head onto a photo of a naked pregnant woman, mimicking the famous portrait of Demi Moore by Annie Leibovitz for Vanity Fair.
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 * Second Circuit found fair use: the studio’s use was a transformative parody because it imitated the original for comic effect or ridicule. * Second Circuit found fair use: the studio’s use was a transformative parody because it imitated the original for comic effect or ridicule.
  
-__Sun Trust v Houghton Mifflin268 F.3d 1257 (11th Cir. 2001__)+__//​Sun ​Trust v Houghton Mifflin// ((268 F.3d 1257 (11th Cir. 2001__) ))
  
 * Alice Randall wrote ‘The Wind Done Gone’, reinterpreting Margaret Mitchell’s classic Gone with the Wind from the point of view of Cynara, a slave. * Alice Randall wrote ‘The Wind Done Gone’, reinterpreting Margaret Mitchell’s classic Gone with the Wind from the point of view of Cynara, a slave.
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 * Eleventh Circuit found that the use was probably a fair use. While it was a satire of society, it was also critical of the racist perspectives embedded in the original. * Eleventh Circuit found that the use was probably a fair use. While it was a satire of society, it was also critical of the racist perspectives embedded in the original.
  
-__Salinger ​v. Colting641 F. Supp. 2d 250 (S.D. N.Y. 2009)__+__//​Salinger ​v. Colting// ((641 F. Supp. 2d 250 (S.D. N.Y. 2009) ))__
  
 * An author created a book with the lead character modelled after Holden Caulfield from J.D. Salinger’s Catcher in the Rye. The new character was aged and placed in modern day New York. * An author created a book with the lead character modelled after Holden Caulfield from J.D. Salinger’s Catcher in the Rye. The new character was aged and placed in modern day New York.
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 **Video overview by Jennifer Singleton on[Time Shifting](https://​www.youtube.com/​watch?​v=PwzsIb9SF68).** **Video overview by Jennifer Singleton on[Time Shifting](https://​www.youtube.com/​watch?​v=PwzsIb9SF68).**
  
-__National ​Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59__+__//​National ​Rugby League Investments Pty Limited v Singtel Optus Pty Ltd// (([2012] FCAFC 59))__
  
 In the case of [National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd](http://​classic.austlii.edu.au/​au/​cases/​cth/​FCAFC/​2012/​59.html) Optus provided a "TV Now" subscription service whereby it copied and stored a television broadcast selected by a subscriber after subscriber clicked the “record” button on the subscriber’s Optus compatible device, to be played back at other times (“time-shifting”) with minimum delay of 2 minutes. In the case of [National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd](http://​classic.austlii.edu.au/​au/​cases/​cth/​FCAFC/​2012/​59.html) Optus provided a "TV Now" subscription service whereby it copied and stored a television broadcast selected by a subscriber after subscriber clicked the “record” button on the subscriber’s Optus compatible device, to be played back at other times (“time-shifting”) with minimum delay of 2 minutes.
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 The statutory licence which took effect on 22 December 2017, provides greater flexibility over what can be negotiated and agreed with Copyright Agency and Screenrights in relation to copying and communications. This includes the copying and communication limits for works. The statutory licence which took effect on 22 December 2017, provides greater flexibility over what can be negotiated and agreed with Copyright Agency and Screenrights in relation to copying and communications. This includes the copying and communication limits for works.
  
-For more information on the statutory licence see[QUT'​s Copyright Guide](https://​www.library.qut.edu.au/​copyrightguide/​documents/​2017Amendment_Educational_statutory_licences_20171206.pdf). 
  
 The licenses assist educational institutions and institutions assisting persons with a print disability or an intellectual disability. The license allows the institutions to copy and communicate sound and television broadcasts and to reproduce and communicate works and published editions, on condition that equitable remuneration is paid to an approved collecting society. The licenses assist educational institutions and institutions assisting persons with a print disability or an intellectual disability. The license allows the institutions to copy and communicate sound and television broadcasts and to reproduce and communicate works and published editions, on condition that equitable remuneration is paid to an approved collecting society.
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