The student enters an illustration contest, and wins first place. The first place prize is a $5,000 check. The student is sued for copyright infringement.
In this case, the use of the illustration was done as a commercial venture, yet was also done as a criticism, something quite obviously protected by Section 107. The use of the copyrighted material may have damaged the market in which the tuna company operated, but the student's art did not directly compete within that market. The original work clearly constituted an imaginative work. However, the student did not directly use that work, instead choosing to use parody.
By examining the copyright fair use statements, and the precedence set by other courts, it is almost impossible to predict how a court of law would decide this issue. The work was intended for commercial use, may harm the market, and uses clearly imaginative original artwork in its theme. These factors tend to imply a violation of copyright laws. On the other hand, the image was a critical evaluation, done in parody, in a market other than that of the original work. These factors favor the finding that the work falls under the fair use factors.
It is clear, based on the above examples and court cases, that the laws regarding fair use of copyrighted material are too vague to provide...
Copyright Laws vs. Peer-to-Peer File Transfer This paper presents a detailed examination of copyright laws, with a comparison to peer-to-peer file transfer. The author will take the reader on an exploratory journey, in which the details and outcomes of several well-known cases will be scrutinized. The author will also discuss the importance of copyright laws, and the elements of various cases that caused the rulings to go the way they did.
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