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(Media Education Foundation - mef - Challenging Media Presents A Fair(y) Use Tale - a short film by Eric Faden

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"FBI - WARNING Federal law allows citizens to reproduce, distribute or exhibit portions of copyrighted motion pictures, video tapes, or video discs under certain circumstances without authorization of the copyright holder."

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"This infringement of copyright is called "Fair Use" and is allowed for purposes of criticism, news reporting, teaching and parody."

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"The following film is not associated with, authorized by, or should be confused with any product produced by:"

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(Music)

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"Walt Disney Pictures"

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(Book cover with "Copyright Law")

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(Book opens: "Chapter 1: Copyright Definition")

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(Cartoon characters speak in turn)

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What the heck is copyright?

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What?

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Hey, what the heck is copy copy copy

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go to the right, right right right right

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It's that law that's the problem.

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You know the law!

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That stupid law!

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Hey! What the heck is copyright?

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I'll tell you!

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Copyright is a permanently affixed original mark.

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What?!

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a permanently fixed original mark.

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In some form

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that can be seen or heard

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Oooh

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Now listen, this is important:

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only the copyright owner has the right to use their work

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It's mine!

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How can that be?

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That's not fair!

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It's forbidden to use a copyright work without permission granted by the copyright owner.

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And - and everybody who's fool enough to threaten our copyright has broken the law.

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Aren't we forgetting one teensy weensy but ever so crucial tiny detail?

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You'd better be able to pay for that copyright permission!

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We haven't discused the subject of payment.

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And you can't get something for nothing, you know?

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But I don't have -

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I'm not asking much; just a token, really, a trifle!

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Hold on! Back up! Are you saying

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this is about money?

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I'm sorry Sir, I don't have any money.

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This is extortion!

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I prefer the term "capitalist"

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Hear this sound? It's the sound of your freedom fluttering out the window.

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(Chapter 2: What things can be copyrighted?)

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Well, there's the usual things, like:

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(Books) I'll borrow this one.

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(Plays)

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(Music)

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(Dance)

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(Movies and Pictures) (Unintelligible mumbling)

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On 3! 1, 2.... (Gasp!)

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No,no,no, wait!

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Listen carefully

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You can't copyright an idea.

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Yes, I can

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You can't.

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Yes.

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can -can't - can - cant!

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But why?

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Culture.

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It would be unwise to limit the power of a great idea.

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So we can only copyright the form an idea takes.

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But what does have that to do with me?

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No no, he's got a point.

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(Chapter 3: Copyright Duration & the Public Domain)

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The law says copyright only lasts for a fixed amount of time.

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For example, copyright used to last just 14 years.

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What?!

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Copyright used to last only 14 years.

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We know - You know - I know -

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I got it

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I got the concept

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A culture - culture - that was long enough for a copyright owner

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to make money from their work.

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Ohh!

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After just 14 years, that work fell into the public domain.

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So anyone could use the work.

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Hey, what the heck is the Public Domain?

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(Silence ) ...Anyone? [someone coughs]

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The Public Domain is a disgrace to the forces of evil!

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What are you saying, exactly?

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A work in the public domain is free for anyone to use.

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Can you do that?

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Yes. It's essential, because a culture creates new ideas

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by building on earlier works.

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Ah! So the Public Domain is necessary for a living, thriving society.

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Duh.

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Unfortunately, copyright keeps getting longer

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and there seems to be no limitation on how long copyright lasts.

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It's called a cruel irony.

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For example [coughs] copyright now lasts a lifetime plus 70 years. Years?!

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And for a company, copyright lasts over a hundred years

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So copyright lasts more like forever.

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But this is just - oh my, would you explain how ridiculous this is?

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It's totally preposterous!

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(Chapter 4: Fair Use)

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Hey, what the heck is Fair Use?

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so you might want to remind me again.

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Hey what the heck is fair use?

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[underwater noises]

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This might sound crazy, but there, there are limitations on Copyright.

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(Everyone gasps)

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Is this possible?!

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Yes. Copyright may be broken, but it's slippery [giggles]

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You can borrow a small amount of a copyright work

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to:

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(Teach) I'm gonna teach that guy a lesson.

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(News Reporting) "to be believed there has been a child security breach"

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(Parody) "From the lamp, right here for your very much wish fulfillment."

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(Critical Comment) It is my professional opinion that now is the time...

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But how do I know if it's fair use?

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There are certain rules that demonstrate fair use.

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(NATURE) OK, first of all, it's the nature of the work borrowed.

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(Amount) Second of all, it's the amount you borrowed.

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(Commercial impact) Oh, and there is one more thing.

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It has to be something that doesn't change the original work's value

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in the market place.

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Attention, everyone! This is important.

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It's like I always say: Fair Use is not a right

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but, but, what is it?

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Fair Use is only a legal defensible position.

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And this is not fair!

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(Chapter 5: Why use Disney Cartoons?)

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Because this company - company - company - company

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is intimidating anybody who takes a copyright work.

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If you're going to threaten me, do it properly!

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The point is, if Fair Use actually works,

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then movies like this one will have legal protection.

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And that concludes our broadacast day,

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(Static)

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What was that?

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I have no idea.

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Copyright Law (Music playing)

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(A Fair(y) Use Tale, directed by Eric Faden based on an idea by Craig Stauffenberg)

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(Collaborators: Saskia Madlener, Janine Merolla, Craig Stauffenberg, Reanna Trunk, David Lopera)

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(edited by Eric Faden and Victoria Bucek, music: "Rose Leaf Rag" (S. Joplin, 1907) arranged by Rick Benjamin)

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(performed by The Paragon Orchestra, used with permission background art work by Hope LeVan)

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(special thanks to Jason Snyder, Nancy Haupt, Anthony Falzone, Lawrence Lessig and the Stanford Fair Use Project)

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sources: Aladdin (Dir. Ron Clements & John Musker, 1992, Disney ©)

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Alice in Wonderland (Dir. Clyde Geronimo & Wilfred Jackson, 1951, Disney ©)

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Atlantis: The Lost Empire (dir. Gary Trouwdale & Kirk Wise, 2001, Disney ©)

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Bambi (dir. Ben Sharpsteen, 1941, Disney ©)

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Beauty and the Beast (dir. Gary Trouwdale & Kirk Wise, 1991, Disney ©)

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Dumbo (Dir. Brett Sharsteen, 1941, Disney ©)

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The Emperor'y New Groove (dir. Mark Dinda, 2001, Disney ©)

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Finding Nemo (dir. Andrew Stanton & Lee Uelrich, 2003, Pixar/Disney ©)

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The Hunchback of Botre Dame (dir. Gary Trouwdale & Kirk Wise, 1996, Disney ©)

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The Incredibles (Dir Brad Kirk, 2004, Pixar Disney ©)

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The Jungle Book (dir. Wolfgang Reithermann, 1997, Disney ©)

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Lilo And Stitch (dir. Dean DeBlois & Chris Sanders, 2002, Disney ©)

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The Lion King (dir Roger Allers & Rob Minkoff, 1994, Disney ©)

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The Little Mermaid (dir Ron Clements & John Musket, 1989, Disney ©)

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Monsters, Inc. (dir. Peter Doctor & Davide Silvermanm 2001, Pixar/Disney ©)

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Mulan (dir.Tony Bancroft & Barry Cook, 1998, Disney ©) (9:49)

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101 Dalmatiens (dir. Clyde Geronimi & Hamilton Luske, 1969, Disney ©)

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Peter Pan (dir. Clyde Geronimi & Wilfred Jackson, 1953, Disney ©)

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Pinoocchio (dir. Hamilton Luske & Ben Sharpsten, 1940, Disney ©)

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Sleeping Beauty (dir. Clyde Geronimo, 1959, Disney ©)

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Snow White and the Seven Dwarfs (1937, Disney ©)

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Tarzan (dir. Chris Bock & Kevin Lima, 1994, Disney ©)

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Tarzan II (dir. Brian Smith, 2005, Disney ©)

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Toy Story (dir. John Lasseter & Ash Brannon, 1999, Pixar/Disney ©)

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Treasure Planet (dir. Ron Clements & John Musker, 2002, Disney ©)

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Woohoo! I hope to get a copy of THAT tape!