Re: Wait, what?
S.30(2) doesn't say it has to be relevant - "fair dealing with a work" not 'with a relevant work'.
14 publicly visible posts • joined 29 Jun 2009
Most university libraries allow walk-in use of electronic journals, even by riff-raff. This is because of a concern that the move to electronic had removed the access afforded to non-university users who had previously used paper copies on shelves. Granted, you do still have to be close to (well, in) the library to benefit.
"There are three copyrights on a sound recording: the composition, which is seventy years plus life, and which goes to the author; a mechanical royalty which also goes to the composer, and the recording or ‘master’ right."
What a confusing paragraph - inconsistent language, muddled concepts etc. Author/composer? Mechanical royalty? Recording/master right? No wonder people fail to understand copyright and related rights.
If the material recorded is a song with words and music, then copyright subsists in the music and the words separately (authors as first owners) and in the sound recording (producer as first owner). Performers have a performance right. So yes, three copyright works (and a related right), but not as you describe them.
§412 of the 1976 Copyright Act provides that statutory damages and attorney's fees cannot normally be claimed in respect of unregistered works. Perhaps this explains the very small amount granted as damages for the copyright infringement - this could be the total profit made by the company.
It still has to be judged fair use.
If the politician wasn't directly parodying the eagle then it isn't surprising he lost, like in the Dr Seuss case (Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc., 109 F.3d 1394 (9th Cir. 1997).) - see the bottom of this page for a useful summary of this and other parody cases: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html
However, the eagle shouldn't have won on prinicple - I agree with the Dude when he said "I f*uckin hate the Eagles, though Hotel California was partially redeemed by the Gypsy Kings.