M.E.L.O.N.

Imagine No Permissions

by Tony Berman

Researched & edited by Shana Dines

Since the U.S. District Court for the Southern District of New York decided against Yoko Ono Lennon earlier this month in a well-publicized copyright infringement case, many filmmakers are further confused about where the lines are drawn around the concept of “Fair Use”. 

Ono Lennon was denied an injunction against the makers of the documentary film "Expelled," about Intelligent Design theory, for using a 15-second excerpt from Lennon's renowned song "Imagine" without her permission. 

Fair Use: FAQs

Can a musician sample a bassline from a seventies funk classic and incorporate it into a hip-hop recording?

Can a writer quote two lines of lyrics from a punk band in his novel?

Can a filmmaker incorporate clips from television news broadcasts into his documentary about the media?

Can an online animation studio create parody rock videos that reference existing songs and videos? 

Can a critic writing for an online journal reproduce portions of a book in his discussion of the work?

Can you include a portion of someone else's e-mail when you post a comment to an online discussion list?

Can a teacher read a poem or story to the class? Can the same teacher copy an entire chapter of a book and place it in a "course pack" to be copied at the local copy center?

Which of these activities requires a license?  Is there any fair use exemption that would apply?

In an ideal world there would be a clear, concise answer to these questions.  Instead, the concept of fair use is a shadowy territory whose boundaries are disputed.  The fluid transfer of information and files on the internet has only exacerbated the haziness of the fair use concept for most artists.

Nevertheless, the widely misunderstood concept of fair use is an essential component to our system of copyright.  In order to shed some light in this constantly evolving area of law, we begin with the basics: