The Growing Problem of Phony “Fair Use” Claims: From Michelle Shocked to Axanar – Offi ce of Copyright

The Growing Problem of Phony “Fair Use” Claims: From Michelle Shocked to Axanar – Office of Copyright

Last week saw a settlement in the closely watched fair use case of Equals Three v. Jukin Media. It’s a good thing Equals Three settled the case. The jury would have ruled that all 48 videos at issue were not fair use, and damages would have been assessed accordingly. This reflects a growing problem, namely that fair use is being manipulated from a fairly complex legal defense, to a Harry Potter style magical incantation that, in the minds of the content borrower, makes all copyright problems g…

http://copyright.nova.edu/fair-use-claims/