But he's only established trademark rights in his logos in the US because he isn't running anywhere else (unless they try to make the argument that they're making commercial use outside the US in marketing to US expats?) so he shouldn't realistically have TM rights elsewhere, which means there's nothing to infringe on. And a DMCA would still be inappropriate.
It's a little ironic to be lectured on the importance of artists having control over their works throughout the period of copyright by someone whose band covered a Beatles song in the oft-reviled movie Sergeant Pepper's Lonely Heart's Club Band. Mr Tyler can complain all he wants about how horrible it would be for his Dream On to be sung over a scene that "denigrates women" (page 7 of his letter) but he performed The Beatles' "Come Together" without John Lennon's consent, next to a woman tied to a dollar sign; later in the sequence she falls to her death. Disingenuous, Mr. Tyler. Almost hypocritical. More thoughts - lawyerly ones - at fyeahcopyright.tumblr.com
The possible impact on other kinds of transformative works including fanworks will be massive. With the bulk of the court?s analysis focused on the first part of the Fair Use test - the ?purpose and character of the use? - because fanfic and fanworks inherently present a new aesthetic, insight or understanding to the source work. I flashed back to a 2006 piece about YouTube today and was reminded that 15 years ago, Congress wanted the Internet - that series of tubes - to be treated like a bookstore. Every day, I am relieved and gladdened that they did not get their way.
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Re:
But he's only established trademark rights in his logos in the US because he isn't running anywhere else (unless they try to make the argument that they're making commercial use outside the US in marketing to US expats?) so he shouldn't realistically have TM rights elsewhere, which means there's nothing to infringe on. And a DMCA would still be inappropriate.
Anyone remember Steven Tyler in the Sgt. Pepper movie?
It's a little ironic to be lectured on the importance of artists having control over their works throughout the period of copyright by someone whose band covered a Beatles song in the oft-reviled movie Sergeant Pepper's Lonely Heart's Club Band.
Mr Tyler can complain all he wants about how horrible it would be for his Dream On to be sung over a scene that "denigrates women" (page 7 of his letter) but he performed The Beatles' "Come Together" without John Lennon's consent, next to a woman tied to a dollar sign; later in the sequence she falls to her death. Disingenuous, Mr. Tyler. Almost hypocritical.
More thoughts - lawyerly ones - at fyeahcopyright.tumblr.com
Fanworks
The possible impact on other kinds of transformative works including fanworks will be massive. With the bulk of the court?s analysis focused on the first part of the Fair Use test - the ?purpose and character of the use? - because fanfic and fanworks inherently present a new aesthetic, insight or understanding to the source work.
I flashed back to a 2006 piece about YouTube today and was reminded that 15 years ago, Congress wanted the Internet - that series of tubes - to be treated like a bookstore. Every day, I am relieved and gladdened that they did not get their way.