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takedown_analysis [2017/02/19 08:54] – [Can Axanar Claim 'Prelude' Copyright?] edits to tighten, clarify Carlos Pedraza | takedown_analysis [2017/02/20 12:22] – [The Shoe is on the Other Foot] Carlos Pedraza | ||
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====== The Shoe is on the Other Foot ====== | ====== The Shoe is on the Other Foot ====== | ||
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{{TOC}} | {{TOC}} | ||
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<WRAP tip> | <WRAP tip> | ||
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===== Fair Use Analysis ===== | ===== Fair Use Analysis ===== | ||
- | <wrap lo>As it turned out for Axanar in its lawsuit, a federal judge rejected its argument that // | + | <wrap lo>As it turned out for Axanar in its lawsuit, a federal judge rejected its argument that // |
**Is the video transformative? | **Is the video transformative? | ||
The fan editor would say yes to first under the theory that his cut comments on the original work and transforms it into a new interpretation. Posted for free on YouTube, and free of any surrounding commercial endeavors based on the work — which severely weakened Axanar' | The fan editor would say yes to first under the theory that his cut comments on the original work and transforms it into a new interpretation. Posted for free on YouTube, and free of any surrounding commercial endeavors based on the work — which severely weakened Axanar' | ||
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**Is the video a substitute for the original? Would people still want to buy the original after seeing the video?** \\ | **Is the video a substitute for the original? Would people still want to buy the original after seeing the video?** \\ | ||
- | Axanar could certainly argue the intent of the fan edit is precisely to substitute for the original. But Axanar is prohibited under the settlement from ever selling copies of // | + | Axanar could certainly argue the intent of the fan edit is precisely to substitute for the original. But Axanar is prohibited under the settlement from ever selling copies of // |
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**How much of the original work did the fan editor take, both quantitatively and qualitatively? | **How much of the original work did the fan editor take, both quantitatively and qualitatively? |