Is this copyright infringement (unpermissioned copying of Lucasfilms content - and arguably an infringing use of copyright recordings of Donald Trump's voice)? Or is it the kind of "comment" (parody?) that would be permitted under the 'fair use" exception? U.S. Code: Title 17: Chapter 1: § 107 or Taiwan's Copyright Act which also permits some reproduction of copyrighted material for "fair use" under guidelines outlined in Articles 44-65. (Under Taiwan's Copyright Act Article 49 a fair use exception exists: "When reporting current events by means of broadcasting, photography, film, newspaper, network, or otherwise, works that are seen or heard in the course of the report may be exploited within the scope necessary to the report." Further any assertion of fair use must not infringe upon the copyright holder's moral or economic rights. Article 65 explains that "fair use" of a copyright is evaluated on the following basis: (1) the purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the work; (3) the amount and substantiality of the portion exploited in relation to the work as a whole; (4) the effect of the exploitation on the work's current and potential market value.)
Posted by Randy Finch on Wednesday, December 09, 2015
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Randy Finch's Film Blog:
Thoughts from a film producer about making and distributing films.
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