ADM Says Video Mocking Them Is Copyright Infringement; Abuses Copyright Law To Stifle Free Speech
from the not-cool dept
Friedman points out how this is a clear abuse of copyright law and a violation of free speech:
This is outright copyright abuse. Criticism is fair use. When anyone asks whether in fact fair use is grounded in the Constitution's guarantee of free speech, all you need is to think of a situation like this -- one can appropriate copyrighted works to criticize and parody the copyright holder. And to use the copyright laws to silence that critique has nothing to do with protecting intellectual property and the rights of a creator to profit from his, her, or its creation: it's unconstitutional censorship!The courts have tried to reconcile the question of how copyright law can possibly survive a First Amendment challenge (after all, the First Amendment says Congress shall make no law that interferes with freedom of speech... and yet that's exactly what copyright does) by saying that a robust fair use exception is the key to making it okay. But when fair use is trampled on repeatedly, it makes you wonder how anyone can still claim that copyright isn't a massive abuse of the First Amendment.