03-06-2025, 05:11 PM
(03-06-2025, 02:28 PM)Alpacx wrote:
https://bsky.app/profile/jamellebouie.net/post/3ljpnrz2h5c2i
Many such cases
Kulturkampf
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03-06-2025, 05:11 PM
(03-06-2025, 02:28 PM)Alpacx wrote: Many such cases ![]()
03-06-2025, 08:04 PM
(03-06-2025, 04:59 PM)HaughtyFrank wrote:Quote:Romance publisher yanks book after controversy over pro-Elon Musk lines in novel Still doing this sensitivity reader bullshit? Still giving the job to the most overly sensitive fucks in history? ![]()
03-06-2025, 08:14 PM
(This post was last modified: 03-06-2025, 08:14 PM by DavidCroquet.)
I'm thinking about that John Waters quote: If you go home with somebody and they don't have books, don't fuck them.
But like...what if they have books, but it's these books? ![]() ![]()
03-06-2025, 08:44 PM
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03-06-2025, 08:50 PM
(03-06-2025, 08:30 PM)Nintex wrote: "the current political climate" https://thebore.net/forum/showthread.php?tid=15&pid=117797#pid117797
https://www.theguardian.com/books/2025/mar/05/neil-gaiman-asks-us-court-to-dismiss-lawsuit-alleging-and-sexual-assault
Quote:Neil Gaiman has asked a US district court to throw out a civil lawsuit accusing him of rape and sexual assault, filed last month by a woman who previously worked for the author and his former partner, Amanda Palmer. How has this situation even been allowed to get this far? Another career destroyed by someone looking for a payday. ![]()
03-06-2025, 09:06 PM
![]() We already had the savior of masculinity!
It's also a blatant copyright violation
![]() All this time they feared Trump but Nintendo lawyers will deliver the kill shot to the DNC.
03-06-2025, 11:23 PM
I hope this happens!
03-07-2025, 12:08 AM
It's blatant fair use.
Nintendo:...Hold my beer!
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03-07-2025, 12:18 AM
(03-07-2025, 12:08 AM)benji wrote: It's blatant fair use. as parody? so you could post a copy of any music you like as long as you act like a clown in a relevant parodic way alongside it? sounds like a great exploit to get some free albums out there from what I understand, fair use is never an obvious, open-and-shut case ![]()
03-07-2025, 12:48 AM
Uh, yeah, of course you can post 20 seconds of music as part of parody. Especially if you're a non-profit doing something politics.
wouldn't politics make it worse because you're making it seem like the entity who owns the copyright endorses your platform? associating the two in viewers' heads?
(03-07-2025, 01:25 AM)benji wrote: That's... not a thing? it's pretty clearly associated with factor 4, the effect of the use on the potential market https://copyrightalliance.org/faqs/music-political-campaigns-fair-use/ Quote:Looking at this question from the perspective of creators, whose works are often used by political campaigns without permission or consent, the concern becomes how political appropriation of their works impacts the creator’s own right to free expression. During a Congressional hearing on fair use in the context of political campaigns, award-winning Gospel singer and songwriter Yolanda Adams discussed the importance of a creator’s right not to have their speech used to push views or messages they do not support. A song or artist becoming associated with a particular politician, campaign, or political view can adversely affect the marketability and/or value of the original work. this might be less of a concern with this specific video which seems more parodic in nature, I'm just saying fair use doesn't ever seem to be clear cut
I think you should probably be looking for a successful copyright infringement suit over 20 seconds of usage of anything versus trying to use an advocacy organizations claim of what is or is not fair use to try and support Nintex's claim this is "a blatant copyright violation" especially considering there's not a single citation to any court case on that page. Fair Use in the technical sense is a defense, but this wouldn't even rise to needing a defense as it fits under the colloquial version of fair use that means not being a violation in the first place. What's the claim going to be? Nobody thinks Nintendo is endorsing the Democrats this way. I doubt you'd even be able to show that people identify the song as being from Nintendo at all.
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03-07-2025, 02:53 AM
(03-07-2025, 02:14 AM)benji wrote: I think you should probably be looking for a successful copyright infringement suit over 20 seconds of usage of anything not to belabor the conversation but just because fair use is interesting: https://fairuse.stanford.edu/overview/fair-use/cases/ Not a fair use: A television station’s news broadcast used 30 seconds from a four-minute copyrighted videotape of the 1992 Los Angeles beating of Reginald Denny. Important factors: The use was commercial, took the heart of the work, and affected the copyright owner’s ability to market the video. (Los Angeles News Service v. KCAL-TV Channel 9, 108 F.3d 1119 (9th Cir. 1997).) Not a fair use: A poster of a “church quilt” was used in the background of a television series for 27 seconds. Important factors: The court was influenced by the prominence of the poster, its thematic importance for the set decoration of a church, and the fact that it was a conventional practice to license such works for use in television programs. (Ringgold v. Black Entertainment Television, Inc., 126 F.3d 70 (2d Cir. 1997).)
03-07-2025, 02:57 AM
But that kind of stuff underscores why the political usage cuts against it being copyright violation. Politicians never license any of the shit they use and it's not considered commercial when they advertise.
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03-07-2025, 04:54 AM
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