tag:blogger.com,1999:blog-8233900213935580484.post8990881463981166124..comments2024-03-13T11:59:03.521-04:00Comments on Copylaw: Book Publishing Attorney | Literary Lawyer: Faulkner Quote in "Midnight in Paris" Sparks LawsuitLloyd J. Jassinhttp://www.blogger.com/profile/03418373855283160982noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8233900213935580484.post-52968756546207433672012-10-26T19:05:16.956-04:002012-10-26T19:05:16.956-04:00You correctly point out that infringement can be l...You correctly point out that infringement can be large or small. Size does not matter. What matters in determining fair use is intent and actual use, among other things. Filming someone walking down the street passing a copyrighted Keith Haring graffiti on the wall does not make it a commercial use. Similarly the same Faulkner quote used by Obama, Will-I-Am, and Martin Scorsese is fair use in that its use was not for commercial gain. Woody Allen made a commercial film, and seems to have used the quote in the film's denouement as a key to the story's logic - a use that surely enhanced the artistic quality of the film itself. If Woody could have written something better, he would have. If he had wanted to paraphrase, he could have. Ron Howard, when he used a small Faulkner quote to launch "Modern Family" inquired as to the license fee, paid it, and used the quote to enhance the quality of his TV product. That's Ron Howard, an artist and a businessman. The sad truth is both Woody and Sony knew better and simply chose to steal the quote with impunity. All the blogs and comments defending their actions all show the same lack of understanding of the US Copyright Act, and the inexplicable desire to access intellectual property for free. Congress established expiration dates for copyrighted art. By doing so Congress felt that eventually art should be free to all. But they also underscored that in the meanwhile, one needs to pay the piper.Anonymousnoreply@blogger.com