48
votes
Accepted
Can "Dumb Starbucks" be legally considered Fair Use as satire or parody?
This is likely not fair use. At first blush it appeared similar to things one might see in The Onion (parody print and online newspaper) or other parody publications or shows (SNL, Key and Peele, etc.)...
- 10.9k
42
votes
D&D Monsters and Copyright
No. The images are copyrighted, and you are using them in a way that would leave you with virtually no argument for fair use. The factors for fair use are set out in 17 USC 107, and they indicate that ...
- 43.3k
26
votes
Accepted
Is the source important for fair use?
Probably not
I think this question represents a misunderstanding of the linked article, and in any case of the specifically US doctrine of fair use.
Fair use is always based on a part of a copyrighted ...
- 89.3k
25
votes
D&D Monsters and Copyright
Many D&D monsters and creatures are based on creatures occurring in folklore and myth, such a vampires and trolls. Those are in the public domain, and anyone may use them freely. But images ...
- 89.3k
23
votes
Can humming a bar of music be considered copyright infringement?
Go to court and find out
There is no doubt that humming a tune and recording it (or performing it in public) is a derivative work - a right reserved to the copyright owner.
Whether it is fair use ...
- 147k
22
votes
Fair Use and DMCA
Twitter don’t have to host your account
UMG’s and Sony’s business is probably more important to Twitter than yours is. It seems Twitter have made a commercial decision to close your account down. They ...
- 147k
19
votes
Accepted
Fair Use of Photos as a Derivative Work
If the photos are exact or "slavish" reproductions of flat (2D) art, then under Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999) the photos are not original, and have no ...
- 89.3k
19
votes
Is it "fair use" to summarize a movie?
That depends very much on the specific details. But such a thing is more likely to be held to be fair use if it includes commentary on or criticism of the movie as well as a mere summary of it. Also, ...
- 89.3k
17
votes
D&D Monsters and Copyright
As noted in other answers, no, you are not allowed to use these creatures under Fair Use. You could go back to their original mythological underpinnings (for those that have them), but you would have ...
- 326
14
votes
Can "Dumb Starbucks" be legally considered Fair Use as satire or parody?
In the UK, it would not be allowed, as the company is selling coffee while making it likely that customers will believe it is Starbucks coffee.
As well as Starbuck being able to take action over the ...
- 270
10
votes
Accepted
Is this copyright infringement? Is it fair use? What if I don't make any money off it?
In the United States, making a copy without permission is generally going to be a copyright violation, unless the copying is a fair use. Fair-use defenses look at four questions, and the answers to ...
8
votes
Accepted
Is it legal to use movie frames for creating gifs and using it in mobile apps
I presume from the fact that you mention "fair use" that you're interested in United States law. In that case, the answer is a clear-cut "no".
17 USC 107:
Notwithstanding the ...
- 5,498
7
votes
Taking donations on website with copyrighted material
17 U.S. Code § 107, which governs fair use in the US, says (emphasis mine):
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by ...
- 6,089
6
votes
Can "Dumb Starbucks" be legally considered Fair Use as satire or parody?
Considering their own FAQ (as shown in the question) specifically states that they're only calling it a parody to try to get away using Starbucks' name and logo for the purpose of selling coffee, they ...
- 1,670
6
votes
Accepted
Is it legal include an image from Wikipedia into a lead-generating e-book?
Wikipedia has two kinds of pictures:
Reusable pictures, most of them stored at http://commons.wikimedia.org
Copyrighted pictures under fair-use, stored on the local Wikipedia (in your case, the ...
- 330
6
votes
Does musical satire really require permission from the copyright holder?
You’re confusing satire with parody. Parody is when you use the protected work to comment on that work, while satire is when you use it to comment on something else.
If you take R. Kelly’s “I Believe ...
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6
votes
Accepted
Parody or Infringement? (United States of America)
The question as worded implies that if something is a parody it is automatically fair use or allowed in US copyright law. This is a myth.
First of all, in a copyright context, the term "parody" is ...
- 89.3k
6
votes
Can I legally repost a news article on another website (e.g. Stack Exchange)?
Probably not. It sounds like you've copied the complete work without any meaningful transformation. You've reduced the market for the original work by hosting your own copy. The fact that your purpose ...
- 43.3k
5
votes
Accepted
Is using font on a business card considered commercial use?
Unfortunately the answer is a vague "it depends." Commercial versus non-commercial is not clearly defined in actual law, and is usually up to the specific license to define what it considers to be ...
- 4,175
5
votes
Can I release someone else's work under creative commons or some other license, if its fair use?
Yes, you can grant any license you want to your larger work.
With respect to Creative Commons, they provide guidance:
May I apply a CC license to my work if it incorporates material used
under ...
- 321
5
votes
Accepted
Can I use modified version of Apple, Android, Windows, and Blackberry logos in commercial advertising to show compatibility?
The word "use", for purposes of trademark law, is a term of art meaning it is used in a way that may be a violation of law if not licensed. Not all uses of trademarks are violations. Similarly, there ...
- 1,023
5
votes
Accepted
Is it fair use to buy a Mac, not use it, and build a hackintosh?
You cannot run MacOS legally on any computer that is not Apple-branded. It is a DMCA violation. There are technical measures in place that check that the OS is running on an Apple branded computer. ...
- 24.5k
5
votes
Accepted
Can I legally publish a compilation of copyrighted material without licence? How?
No. You may not do this. As your post points out this is a blatant copyright violation. It isn't remotely in the realm of fair use.
- 129k
5
votes
Accepted
Can I use whole poems from classic writers in my book?
The first copyright law dates from 1710, so it's not true that Chekhov wrote before any copyright laws. Any work from prior to 1924 isn't necessarily safe to use (it depends on when the author died). ...
- 1,826
5
votes
Accepted
Do I need a permission to create an avatar or a game character based on an Manga/Anime/Cartoon character?
It doesn't make a difference if the product is free or commercial use, if it's initiated by a company or an individual. What you are considering would be a "derivative work" and without ...
- 9,065
5
votes
Can humming a bar of music be considered copyright infringement?
The only way for the hummer to find out definitively is to file a counter-notice that, assuming the copyright holder files an infringement lawsuit, argue fair use. There is a reasonable chance that a ...
- 157k
5
votes
Why isn't it copyright infringement to condense an NBA game into a 10-minute YouTube video?
It probably is infringement, assuming that this is being done by copying parts of a broadcast of the game. It is up to the holder of the copyright on the original broadcast that is being condensed to ...
- 89.3k
Only top scored, non community-wiki answers of a minimum length are eligible