[cc-community] Are political uses non-commercial?
Gisle Hannemyr
gisle at ifi.uio.no
Sat Jul 4 02:30:29 EDT 2009
Brian Rowe wrote:
> The main issue here is a question of Moral Rights in
> copyright<http://en.wikipedia.org/wiki/Moral_rights_%28copyright_law%29>.
> This is tough to license in the US as the US has almost no recognition of
> moral rights and strong exceptions to copyright for political speech.
> When
> a song is used in a political commercial there are more options Jackson
> Brown filed a claim against the McCain
> Campaign<http://www.huffingtonpost.com/2008/08/14/jackson-browne-sues-mccai_n_118977.html>last
> year for this exact issue. I am not sure what happened with the case,
> although I am skeptical that copyright is the best way to fight political
> speech.
Here's some updates (from February 2009) on Jackson Browne v. McCain:
http://artsbeat.blogs.nytimes.com/2009/02/24/jackson-browne-vs-john-mccain-round-3/
http://ipandentertainmentlaw.wordpress.com/2009/02/24/jackson-browne-v-mccain-moves-forward/
http://tornandfrayed.typepad.com/tornandfrayed/2009/02/jackson-browne-versus-john-mccain.html
The gist is that judge R. Gary Klausner has dismissed McCain's claims that
first amendment and fair-use rules permit the use of the song in a
political context, and therefore allows the case to move forward. It also
says that the hearing hearing to set a schedule for a jury trial will take
place in April 2009. I've not aware of more recent news.
--
Gisle Hannemyr ( http://hannemyr.com/ )
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