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posted by janrinok on Monday June 04 2018, @03:01AM   Printer-friendly
from the boot-on-the-other-foot dept.

Submitted via IRC for SoyCow8093

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/


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  • (Score: 2) by Runaway1956 on Monday June 04 2018, @05:39PM

    by Runaway1956 (2926) Subscriber Badge on Monday June 04 2018, @05:39PM (#688457) Journal

    While that is all correct, in legal terms, it still fails to define the precise relationship between the USSR and the rest of the allies. Almost immediately upon cessation of histilities with Germany, the USSR partitioned an entire continent, threatening by force of arms any who would cross that partition. The "allies", as the law refers to them, were ready to kill each other, just as soon as their mutual enemy was deceased.

    Again, I say, sloppy, lazy, and inaccurate definitions.

    The Soviet was an enemy of our enemy, nothing more, and nothing less. I can understand that subtlty is lost on politicians, but some of us can understand the differences.

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