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RE: Vlog 307: European Union might ban the use of memes because of copyrights. Could frictionless royalty payments be possible on a blockchain? + Steempay 0.3

in #life • 7 years ago (edited)

Hello @funbobby51, and nice to Steem you! :-)

Well, as far as I know nor in the United States of America nor in the European Union the copyright laws allow royalty-free use of a material on the basis of the satirical, parodic or humorous intention of the "second hand" author, and I guess it partially derives from the interpretation margin which would arise from such a subjective claim (a same artwork may be seen as a parody from its content creator point of view, and as a plain political or social statement from other viewers opinions).

In case it doesn't exist yet, and following your suggestion, it'd be beneficial to promote the adoption of a "humorous" Creative Commons licence attribution :-)

7 years ago in #life by
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     7 years ago 

    Upon further reading I will change my argument to say that memes are parody.

    Parody is very strongly protected while satire is less so but still protected.

    https://apps.americanbar.org/litigation/committees/intellectual/roundtables/0506_outline.pdf

    they note that:

    satire that does not target the original work can be considered fair use if, for instance, there is little possibility that consumers would view the satire as a commercial substitute (§ 107(4)), or if only a small amount of the copyrighted work was used (§ 107(3)).
    C

    I think a single frame from a movie that has been turned into a meme satisfies both of those conditions.

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