Saturday, February 01, 2014
Court Ruling Notes That For-Profit, Full Copy Of Audio, Without Commentary Can Also Be Fair Use, In Specific Circumstances
Techdirt: Back in 2011, we were worried about the implications of a lawsuit between the Swatch Group and Bloomberg, concerning the recording and distribution of an earnings call by Swatch. In short, Swatch claimed a copyright on its own earnings call. Bloomberg, which obtained a copy of the recording done by someone else, made that recording available to its customers. Not only did this have interesting fair use questions, it also opened up the possibility that bizarre copyright claims could be used as an alternative to wiretapping laws to block perfectly legitimate recordings of phone calls.
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Although it is interesting to see this point of fair use from the appeals court, I believe that because the context of the ruling is so specific, it may not be reasonable to extrapolate the ruling to entertainment situations. Often when using media, the discussion of how much can be used without nullifying the fair use idea can come to light. I do not believe this ruling can be used to justify the use of full-length, unaltered media under fair-use laws for art or entertainment purposes.
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