Tag Archives: Creative Commons

Copyright and Fair Use

@starlingpreston

“The distinction between what is fair use and what is infringement in a particular case will not always be clear….” (Copyright Fair Use). When determining what is fair use or not, a couple of characteristics such as purpose of the material and the effect on the market must be taken into consideration. I think that the remix star wars clip, “Star Wars Saga,” is brushing the fine line of being illegal. First off, the whole video is all clips from different Star Wars episodes. So while, it uses “portions,” from different episodes, the whole video is composed of the Star Wars Saga (Copyright). I think that it is illegal in terms of the saga as a whole.

Furthermore, the Mountain Dew fan film is in my opinion, also illegal. Fair use is determined by whether the material has, “an effect on the value of the copyrighted work,” (Copyright). The video uses Star Wars to promote another product, where Star Wars fans may hate Mountain Dew and limit their consummation of Star Wars precuts because of its supposed endorsement of that drink. Therefore, decreasing the value of Star Wars in the market. The nature of the work was not to promote Star Wars, but to use a well- known material to increase the value of a beverage product. So the “nature,” of the work was not fair at all, unless Mountain Dew could promise the Star Wars Co-operation a increase of value in the market system (Creative Commons).