Fair Use?

by on February 5, 2008 · 14 comments

Really, most of my posts about fair use are excuses to post funny videos:

Is this fair use? My feeling is that a straight-forward reading of the four factors would probably suggest a “no” answer, but a sympathetic judge might find it to be sufficiently creative as to be transformative. Certainly, this clip doesn’t reduce demand for the work it’s based on.

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About Tim Lee

Timothy B. Lee (Contributor, 2004-2009) is an adjunct scholar at the Cato Institute. He is currently a PhD student and a member of the Center for Information Technology Policy at Princeton University. He contributes regularly to a variety of online publications, including Ars Technica, Techdirt, Cato @ Liberty, and The Angry Blog. He has been a Mac bigot since 1984, a Unix, vi, and Perl bigot since 1998, and a sworn enemy of HTML-formatted email for as long as certain companies have thought that was a good idea. You can reach him by email at leex1008@umn.edu.

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  • Adam Thierer

    That’s a great movie. Have you seen it?

  • Adam Thierer

    That’s a great movie. Have you seen it?

  • http://www.techliberation.com/ Tim Lee

    I have. I paid good money to see it in the theater, even! Very disturbing.

  • http://www.techliberation.com/ Tim Lee

    I have. I paid good money to see it in the theater, even! Very disturbing.

  • Cord Blomquist

    What movie is that taken from? Is it recent? Who’s playing Hitler?

  • Cord Blomquist

    What movie is that taken from? Is it recent? Who’s playing Hitler?

  • http://linuxworld.com/community/ Don Marti

    Dude, Europeans don’t play football football, they play soccer “football”.

  • http://linuxworld.com/community/ Don Marti

    Dude, Europeans don’t play football football, they play soccer “football”.

  • http://www.techliberation.com/ Tim Lee

    Hitler also died a number of years ago. What’s your point?

  • http://www.techliberation.com/ Tim Lee

    Hitler also died a number of years ago. What’s your point?

  • http://www.brwolff.de Matthias Bärwolff

    As for who’s paying Hitler, that’s Helge Schneider, Germany’s top comedian, the last true Dadaist as it were. He’s made a number of awesome films two of which are Texas and Jazzclub, both highy entertaining. A good reason to learn German ;-)

    A link to a youtube vid for a taste, he’s the guy in blue.

  • http://www.brwolff.de Matthias Bärwolff

    As for who’s paying Hitler, that’s Helge Schneider, Germany’s top comedian, the last true Dadaist as it were. He’s made a number of awesome films two of which are Texas and Jazzclub, both highy entertaining. A good reason to learn German ;-)

    A link to a youtube vid for a taste, he’s the guy in blue.

  • http://www.withoutbound.net/blog/ Amanda

    The movie, as I recall, is Der Untergang (I think the English title was Downfall). IMDb lists Bruno Ganz as playing Hitler, which sounds right to me. I’m not familiar with Helge Schneider though perhaps I should be.

  • http://www.withoutbound.net/blog/ Amanda

    The movie, as I recall, is Der Untergang (I think the English title was Downfall). IMDb lists Bruno Ganz as playing Hitler, which sounds right to me. I’m not familiar with Helge Schneider though perhaps I should be.

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