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The Michael Jackson Estate is suing the Walt Disney Company and ABC for using dozens of its copyrighted works without permission. According to Disney, no harm has been done, since including these works in "The Last Days of Michael Jackson" documentary is "fair use." The Estate clearly disagrees and notes that Disney's argument would make even the founders of Napster pause.
According to the claim, Disney and ABC’s broadcast used at least thirty different copyrighted works owned by the Estate, without permission. In fact, Michael Jackson’s heirs specifically urged the media titans not to use its intellectual property without a license.
Since Disney is known to be an avid protector of its own rights, the Estate calls out the company’s double standard. “Apparently, Disney’s passion for the copyright laws disappears when it doesn’t involve its own intellectual property and it sees an opportunity to profit off of someone else’s intellectual property without permission or payment,” the complaint reads.
The complaint stresses that Disney is known for its strict copyright enforcement actions and a narrow view of copyright law’s “fair use” doctrine. “For example, just a few years ago, [Disney] sent DMCA takedown notices to Twitter, Facebook, and other websites and webhosts, when consumers posted pictures of new Star Wars toys that the consumers had legally purchased.
“Apparently, Disney claimed that simple amateur photographs of Star Wars characters in toy form infringed Disney’s copyrights in the characters and were not a fair use,” the state writes.
However, when the Estate urged Disney not to use any of its copyrighted works without permission, Disney’s attorney used fair use as a defense. The company argued that it could legally use Jackson’s copyrighted material since the broadcast was labeled as a documentary. This is “absurd” and “dead wrong” according to Jackson’s heirs, who see it as a blatant form of infringement which even the founders of Napster would recognize.
[...] A copy of the Michael Jackson Estate’s complaint against The Walt Disney Company and ABC is available here (PDF).
Source: https://torrentfreak.com/michael-jackson-estate-turns-the-fair-use-table-on-disney-180531/
(Score: 1, Interesting) by loonycyborg on Monday June 04 2018, @09:26AM (2 children)
If that happens then it would be even worse double standard, because this IS an pure case of fair use. A more worthwhile payback to Disney would be pursuing them for a genuine violation of copyright rather than this rather silly lawsuit. This really bad situation: amateur photographers get shafted while big guys like Disney and Michael Jackson Estate get to freely harass everyone who they wish with invalid copyright claims.
(Score: 2) by Bot on Monday June 04 2018, @10:20AM (1 child)
because this IS an pure case of fair use
A pure case of hypocrisy too. Watch out on youtube for my clearly labeled documentary "animated movies of the XX century", see how disney takes it down in a microsecond.
Account abandoned.
(Score: 1) by loonycyborg on Monday June 04 2018, @02:38PM
Only Bots are capable of microsecond response time. And incapable of sending DMCA counter-notices. Because justice system would consider them inferior when processing the resulting lawsuit.