1. FAIR USE the most ridiculous legal doctrine, like, ever Paul Rapp, Esq. Monterey, MA paul@paulrapp.com rapponthis.blogspot.com

2. © is nothing but a bargain

3. COPYRIGHT LAW Protects original works of creative expression in a tangible medium, including: literary works musical works dramatic works pantomimes & choreographic works pictorial, graphic, and sculptural works sound recordings architectural works software code

4. BASICS -Original not novel : Independent creation of identical works is theoretically possible. -Threshold for “creativity” is low. -Not Protected : Ideas, procedures, process, systems, discoveries, facts, lists, names, simple directions But, the expression of these things in a tangible medium is protected

5. Exclusive Rights (17 USC 106) -to reproduce, make copies -to prepare derivative works —recast or adapted -to distribute copies -to perform or display publicly

6. Since 1978 EVERYTHING that is created automatically receives © protection And stuff created prior may or may not depending on whether the work was published, whether it was published with a © notice, whether it was registered, whether the registration was renewed... And there is no database that will tell you what’s covered and what’s in the public domain. So appropriation art is fraught with danger.

7. Infringement -the violation of one or more of a copyright holder’s exclusive rights There must be copying -a substantial (more than de minimis ) taking of the protectable elements of a work -inspiration v. taking - copyright holder is entitled to an injunction, damages, destruction of infringing goods -criminal sanctions for severe infringements

8. I’ll License You A Dream

9. The Wind Cries License

10. Alphabet Soup

11. Synch Licenses

12. Limitation on Exclusive Rights: FAIR USE When the social utility of unauthorized copying exceeds the social utility of enforcing a copyright. Criticism and commentary (including parody), teaching, and news reporting are all examples of fair use.

13. blah blah blah

14. as dumb as they wanna be

15. But Biz Markie

16. Leibovitz

17. Neilson

18. Fairey

19. source

20. Prince

21. He’s Versatile

22. BARBIE

23. Words and Pictures

24. How Much Is Too Much?

25. Patry

26. YOUR FAIR USE BIBLE

27. Heart of the Matter