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Comment Re:Parody (Score 1) 255

Any one alone wouldn't be fair use

Possibly not in this case, but fair use is not applied in a strict way. Consider time shifting: It's not creative, it uses fictional works, it uses all of the work, but it doesn't materially harm the market for the work. Only one of the four factors is in favor of fair use, but time shifting is generally considered to be fair.

Comment Re:Hmmm (Score 1) 255

That argument only makes sense if you've downed a fifth of Jack and snorted a couple of grams a coke - or if you're completely and totally ignorant of the law.

And yet it made sense to me, and I'm sober as a judge for some reason.

There is no mechanism I am aware of for a copyrighted work to become generic. It can be formally released into the public domain, but that's another issue and is not applicable here as no such formal release has been made.

Well, works can also enter the public domain through other mechanisms, such as most famously having the copyright term expire.

But the earlier poster didn't say that they might become generic, he said that they might be generic. This would be the scenes a faire doctrine. I haven't watched the show, but I recall that it's a 5-person team, so I'd bet that they fall neatly into what TV Tropes calls the Five-Man Band:

The Leader -- The leader of the group. Can be a mastermind, charismatic, levelheaded, headstrong, or some combination of the four. Often also The Hero.
The Lancer -- Usually a contrast to The Leader. If the Leader is clean-cut and/or uptight, the Lancer is a grizzled Anti-Hero or Deadpan Snarker; if the Leader is driven and somewhat amoral, the Lancer is more relaxed and level-headed.
The Smart Guy -- The physically weak, but intelligent or clever member. Often nerdy and awkwardly played for comic relief. Sometimes unconventionally young (early- to mid-teens). Sometimes a Trickster and a buddy of the Big Guy.
The Big Guy -- The strongman of the team. May be dumb. Or mute.
The Chick -- A peacekeeping role to balance out the other members' aggression, bringing them to a nice or at least manageable medium. The Chick is often considered the heart of the group. This role is played by a woman or girl. Someone female. Otherwise, it is not a Five-Man Band.

This is a stock description of characters. Anyone is entitled to use it, regardless of whether the first work to use it is still copyrighted, and regardless of whether people are copying it from other copyrighted works. It's like how everyone is entitled to use a spooky eastern european castle, with moon-baying wolves, in a movie about vampires.

Now, if the Power Rangers characters are more defined than this, and if the use involved their more defined, non-generic character traits, that could be an infringement. But if Power Rangers doesn't do much character development and is more like a modern version of commedia dell'arte, where it's just about how the lovers will enlist the help of the servants to marry despite the wishes of their parents, and so on, but with robots and karate, the characters might well be considered generic.

Comment Re:What is Parody? (Score 1) 255

What makes you think fan fiction has any sort of fair use protection?

It can. That's not to say it always does, or even commonly does. But any sort of use can be a fair use, including fanfic.

If it isn't a spoof or a commentary on the original work, largely through irony and satire, it isn't parody. Changing the genre or style isn't enough.

It could be. But fair use hinges entirely on the specific facts of the use -- it would take the right example.

Comment Not the worst essay ever, but not entirely right (Score 1) 255

True, but this ignores the fact that characters themselves can be protected by copyright.

They can be, but there are limits. The key is how well-defined the character is. Also, bear in mind that really the character is not protected by copyright per se -- the character is just a part of a greater work, which is protected by copyright. Whenever a work which establishes some trait of a character falls into the public domain, so too does that part of the character. Unauthorized uses of the character are really unauthorized uses of the work, which is what can give rise to infringement. A character cannot be copyrighted separately from the work in which he appears, however.

Fan fiction sites can exist legally only to the extent that the character copyright owner grants permission

Or to the extent that the work is not protected, either because it is in the public domain, or because some exception to copyright law applies.

Why on Earth would the studio pay those fees, if they didn't have to?

Clarity; To avoid paying greater fees for litigation down the road, even if they were confident that they would win; As a favor wrapped in a plausible excuse; For good PR. There are good reasons to do so, is the point.

Copyright law holds that you can satirize or parody someone else's work without their permission; thus Jason Friedberg and Aaron Seltzer do not have to pay licensing fees for the movies that they rip off in their awful "parodies."

No it doesn't. Copyright law in the US states that if a copyright is prima facie infringed, but constitutes fair use, then there is no infringement. Parodies and satires -- and for that matter, literally any other sort of use -- can potentially be fair uses, but are not necessarily fair uses. Certainly there have been both parodies and satires which were not fair uses.

But no English speaker would use the word "satire" or "parody" to describe Kahn's movie, precisely because of the qualities that people loved about it (dark, violent, almost completely humorless).

It can easily be seen as a satire. Whether it's a parody is a slightly more difficult question. The legal distinction, for those unfamiliar with this, is that a parody somehow makes fun of the work being used; a satire makes fun of something else, but uses the work to do so. Making fun of the trend of 'gritty reboots' in cinema by using the Power Rangers is certainly satire -- it makes fun of other gritty reboot films and shows. I'd have to have seen it, and know something about the regular Power Rangers to have an opinion as to whether it's a parody, and I frankly don't care enough to bother.

The question of whether the filmmakers meant it as a satire at the time that they made it and released it, and whether that matters, is certainly an interesting one. I can't think of caselaw that indicates that the timing matters or not, but please feel free to cite some.

since "fair use" is a catch-all for several scenarios in which you can legally use copyrighted content without the owner's permission (parody/satire, brief excerpt for the purpose of commentary/criticism, etc.), which defense applies here?

This is an incorrect view of fair use.

Fair use applies to any sort of use of a copyrighted work, which but for fair use would be infringing, and which is fair. I know this sounds like a tautology, but there it is. There is a four-factor test as to whether a use is fair or not, which we'll get into shortly. That's really what matters. True, there is a list of examples in the statute, but it's really meaningless: It's not an exhaustive list of all types of fair use, and the types of uses listed are not necessarily fair. While it was meant to provide guidance, the list of uses has turned out to only cause serious confusion. I strongly encourage you to ignore it completely.

One of the criteria for "fair use" is how much of the original work you re-used -- if your online review of The Dark Knight links to a 10-second clip that you posted to show that the fight scenes are kick-ass, that might be OK, but a 30-minute excerpt would not be. But if we apply that logic to the use of a copyrighted character, in a story you're either using someone else's copyrighted character, or you're not. Given that characters are protected by copyright at all, it doesn't make much sense to talk about "using 0.5% of a character", the way that a 30-second clip would constitute only 0.5% of a 100-minute movie. It certainly wouldn't make sense in the case of Kahn's remake, where the copyrighted Power Rangers characters are onscreen in every single scene.

For those reading along, the four factor test is:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The key thing to bear in mind is that the test is not to be applied in a strictly mathematical way; it's really just a tool to provide guidance for the ultimate question of: Is the use fair?

Fair uses have been found when most of the factors weigh against it. And the four factors are not the only factors worth considering; courts must consider them, but can also consider additional factors if they like, with no rules as to what those factors are.

In any case, you're looking at the 'amount and substantiality of the portion used' in too mechanical a fashion. Remember, the copyright for a character is really all about the details that go into describing the character. What does he look like? What clothes does he wear? What sort of method of speaking does he have? What kinds of behavior are typical for him? And so forth.

For example, if the character in question were Harry Potter, the character would be used less if, for instance, his scar did not appear, or there were no mention of his crappy home life. Those aren't the only traits that define the character, obviously, but the fewer you use, the more likely it is that you're engaged in fair use. (New traits made up by the user, which do not appear in the original work don't matter, btw; so if you add fluency in Magical Esperanto, it doesn't weigh against fair use, since it never arises in Rowling's books or in the movies)

Again, I haven't seen anything involving Power Rangers, but if it's just that the characters are dressed in similar outfits and otherwise bear no relation to the originals, this would indicate that relatively little of the characters were used.

And of course, remember that even if 100% of a work is used, it can still be fair use, under the right circumstances. Instances of time shifting and space shifting have been found to be fair uses, and they use all of the work.

The director's defenders rightly pointed out the absurdity of Vimeo removing the short film just hours after giving it a "Staff Pick" award

It doesn't sound absurd to me. Whether it has artistic merit has no connection to whether it's legal. The silent movie Nosferatu is a classic but infringed on the copyright of the novel Dracula. Luckily, while the courts ordered the film destroyed, one copy survived, and we have that to thank for the preservation of the film.

Presumably they had heard of the Power Rangers and knew that the movie was using the characters without permission.

There's no central registry of copyright registrations, assignments, and licenses. There probably should be, but there isn't. How would Vimeo know that the filmmakers didn't have permission? They could've gotten the rightsholder to grant them an oral or implied license, and there would be no way for Vimeo to distinguish that from them having no license at all. It's not Vimeo's job to know these things, and usually they're in no position to find out. Requiring rightsholders to search for infringements is the best way to go.

Moreover, there's not just a legal argument against an unauthorized "gritty reboot" of the Power Rangers, there's a moral one as well.

No there's not. There is no moral aspect to copyright; it's amoral and utilitarian. Though if pressed, I would say that it is more moral to create and publish works than it is to prohibit the creation and publication of works (particularly if it's just about money).

Comment Re:FDE on Android doesn't work as of yet (Score 2) 124

Whether Android does this I have no idea, but the device could be configured to power off if the wrong screen PIN was entered too many times. A FDE password has to withstand offline attack, which means unlimited attempts at a high rate.

It is completely appropriate to use a different level of security for each.

Comment Re:Thieves looking to steal metal? lolwut? (Score 1) 133

It's depressing that morons are willing to do so much damage for so little gain.

Here is the thing - they're not morons - they're sociopaths. The morons are the rest of us for not making simple legal changes to prevent this nonsense, largely because the beneficiaries of this theft want it to continue.

Comment Re:What's lacking is a plot and characters (Score 1) 233

that doesn't mean it's lacking in good plot and characters

You've got to be joking. Abrams' Kirk is criminally incompetent (even in the first movie, before your "Khan wanted him to screw up" rationalization could apply). The plots of both movies have holes big enough to drive a planet through, let alone a starship. (For example, WTF is the point of starships anymore, since they can apparently just beam across the galaxy now?!)

Comment Re:Thieves looking to steal metal? lolwut? (Score 1) 133

The answer to fixing this problem is to require scrap metal dealers to be licensed (with strong penalties for anyone who isn't) and to require all transactions to be recorded along with the ID of the seller. Its already done in many jurisdictions for pawn shops (where you need a license to operate one and where sellers have to provide ID when they sell it, why should scrap merchants be any different.

They should also have a delay before payout, with appointments required for the time to pick up the money. I imagine that even a one week delay would be enough to allow utilities to track down sales of stolen goods, and then the police can be waiting when the guy shows up to collect.

Stuff like this isn't going to be a problem for anybody legit. Electricians aren't going to trips to the dealer to sell one coil of wire, and be desperate for their $50.

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