Mixing content to tell a story can this be considered infringement?:
Say you have a song. And you have a video of something completely different. And you mix the two but own neither. I know you're taking video and audio you don't own, and technically that's copyright infringement, but you've mixed them in a way to tell a completely different story.
This takes a lot of creativity and work. And it can be done only by mixing these exact two elements. It is the point to the whole story. Is this covered under the 1st amendment? It is covered under fair use? Or is it something you can't share, or maybe not even make in the first place?
Also, I'm confused, are parodies infringement? I got different answers.
Jefferson’s answer:
I would take a look at the Center for Social Media's Fair Use Materials, including Best Practices for User-Generated Content. Courts have applied the doctrine of fair use to visual collages, but it all will turn on the extent of copying, the character of the new work, and whether the artistic expression of your work transforms the original materials. That said, I think audiovisual collages "Mashups" fall under the defense of fair use if properly done.
But remember, fair use isn't a right, it's a defense.
HOW CAN I PROTECT MY WORK PRODUCT AND PROPRIETARY DATA FROM COPYRIGHT INFRINGEMENT OF A CANADIAN TRANSPORTATION COMPANY:
I live in the US and produced a DVD Video for a Canadian Transportation Company who said he needed one for a presentation to the Canadian Government for a government bid. He send me a partial payment and then refused to pay me the rest of the money he owes me and has utilized a Canadian "webpage" maker to take my Copyright and Proprietary Data OFF from the DVD and post it on his website as HIS OWN product. Furthermore, the Canadian Company uploaded my video to Youtube giving everyone the right to embed and/copy my work product. I send the Transportation Company and the "webpage" designer the following notice and they have both basically told me to drop dead. The Transportation Company said that I will not get one penny from him and that my copyright is nothing but propaganda.
THIS IS THE NOTICE I SEND TO HIM: " We are hereby putting you on formal notice of copyright infringements. Our Company generated all the material content of the Video and it constitutes Proprietary Data. The material is copyrighted and cannot be used, cut, modified, and/or built upon or otherwise distributed by any means or by anyone without our prior written consent.
Modifying the Video DVD and the removal of our copyright notice from our DVD product has violated the terms and conditions of our Copyright and licensing agreement. As YOUR COMPANY provided no photographs/video/narration of its own, the materials provided by MY COMPANY and utilized in the DVD are subject to royalty fees.
We have not contracted with any third party firms either directly or indirectly through your company therefore retaining services of third party Representatives such as the webpage maker cannot subordinate our rights to intellectual property, proprietary or copyright. This firm does not authorize either directly or inferred, any third party to utilize our work product or proprietary data in any way, manner or form.
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I don't want the integrity of my work compromised by what appears to be an unethical Transportation Company who misrepresented himself and his utilization of my work and has refused to pay me for it.
Jefferson’s answer: Go to youtube and look at their DMCA policy. Submit a claim of copyright ownership and request that YouTube remove your video. The DMCA takedown provisions are the your best bet here. For the other issues, you need more thorough legal advice and should consult with a copyright attorney immediately. Good luck!
I wanted to know if it was legal to sell replica designer bags, jordan shoes and designer apperal?: I see web sites all the time selling knock off clothes, shoes, bags and sunglasses. Is it legal? Like do they have to put on their page that they are replica to be legal?
Jefferson’s answer:
Generally, it is legal. There is no copyright protection available for "useful articles" such as clothing, shoes, etc. Some items (certain bags and shoes) may be so unique that they are protected under a design patent. However, it is a much more expensive process, with a much hgher standard to obtain than a copyright. They have to be really innovative, not just an original work. ("there is no other shoe like this shoe"). There are also instances were fashion designs can be protected under trademark, if you can show that the design is so unique and famous that all consumers associate it's shape with the maker. Again, this is a tough row to hoe. Of course, the brand names are protectable as trademarks.
A bill has been pending in congress for quite some time called the Design Piracy Prohibition Act that would protect fashion designs, but it faces stiff competition from the garmet manufacturing lobby. It's never made it out of committee. Design protection is available in Europe, India and Japan.