978-0077861421 Chapter 14

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written consent of McGraw-Hill Education.

Problem Questions

1. The Oakland Press is an afternoon daily newspaper in a mid-sized town in Tennessee. The

only other news outlet in the city is radio station WTEN. Each morning, a member of the

WTEN staff reads the local news stories published in the previous day’s newspaper. No

credit is given to the newspaper, and all or most of the stories are read word-for-word. The

Press sues, claiming that the radio station is stealing its work for commercial purposes.

WTEN counters that it is fair to read the news over the air because the newspaper is not

a. Would the Oakland Press win a copyright action against WTEN? Why, or why not?

b. Is there another cause of action that might provide relief for the newspaper? What

would the Oakland Press have to prove to win its case?

2. Sandra Hughes, a reporter for the Los Angeles Times, was assigned to cover the murder

trial of Robert Blake, a film and television star. Blake was charged with killing his wife.

During the trial, the jury surprisingly found him not guilty. Hughes had gathered a great

deal of information while covering the case than what was published in the Los Angeles

Times. After the trial ended, she wrote a non-fiction book about the case titled The Blake

Mystery Solved. In the book, she contends that there was more evidence against Blake than

the prosecution had presented at the trial, but she contends that the district attorney chose

not to include this evidence because it would have compromised the identity of an

important police informant. Prosecutors believed—mistakenly—that they had sufficient

evidence to win the case without this additional evidence. The Warner Brothers film studio

had contacted Hughes about using her book as the basis for a film about the case, starring

Ashton Kutcher for the role of Blake. Hughes liked the idea, but she didn’t like the offer of

500,000 dollars for the rights to the book. She wanted an even million dollars. Warner

Brothers went ahead and made the film anyway, using the book as the basis for important

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written consent of McGraw-Hill Education.

most famous” adult movie star. After her first pornographic film, Jameson quickly

achieved notoriety, and she has since appeared in nearly 100 pornographic films. The

film that was released in 2013. It provides a two-pronged look at the life of Jameson. First,

the film documents Jameson’s decision to enter the adult film industry, her rise to fame,

and her many awards from the adult film industry. Next, the film examines her family life

and her two (now ended) marriages to individuals who worked in the adult film industry,

one of whom was also her business partner. The film also provides a behind-the-scenes

depiction of Jameson’s life that focuses on her experiences on the sets of adult films,

multiple rapes, drug addictions, two unhappy marriages, and numerous affairs with both

men and women. The film aims to demonstrate the “real story” behind Jameson’s life.

from the films owned by Wicked Productions: (1) the first-time Jameson appears on

camera in a pornographic film and (2) the first pornographic scene involving Jameson. The

two segments are 15–20 seconds long. The original movie from which the scenes are taken

from is roughly 60 minutes long. Jameson: A Life in Porn is a 90-minute movie. The

pornographic scene is edited to remove nudity. The scenes are preceded and followed by

interviews with adult movie stars, academics who study pornography, and interviews with

Jameson herself.

infringement. The Weinstein Company contends that the reproductions of the two scenes

are protected as fair use.

Apply the fair-use ruling to the facts of this case, and reach a decision as to who is correct.

Is the use of the footage containing the photos fair use or not? Be sure to fully explain how

the courts consider the fair use defense using appropriate examples and precedents.

Answer: The four factors to be considered in determining fair use in this case are as

follows:

• The purpose and character of the use: The infringing work is a commercial,

biographical film. It focuses on the historical and factual aspects of Jameson’s life.

While commercial uses weigh in favor of infringement, this is not dispositive as

biographic uses are typically considered fair use. In addition, its use of the

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• The amount and substantiality of the portion used in relation to the copyrighted work

as a whole: This is both a quantitative and qualitative assessment. Jameson: A Life in

Porn had two segments of 15–20 seconds that were originally part of a 60-minute

is highly unlikely that Jameson: A Life in Porn will supplant the original work. It is

transformative, and the clips are edited to remove the material that most buyers want