Case 76379 Ms. Greenberg's T-Shirts
This memo contains information in reference to Case # 76396379 Ms. Greenberg’s t-shirts case 1, whether they are under Fair Use under the Copyright Statute.To remind us this case was taken by Attorney, (Hannibel Lelimile) .Mr. Lelimile states in an email that was forward to me (K. Mejia) that he took Ms. Greenberg’s case on April 24th around 1500 hours.
Upon meeting with her she stated to attorney Lelimile that she was an avid music fan and has spent a great deal of time going to concerts. She often finances this habit by making t-shirts and selling them in the parking lot to other concert goers. She charges as much as $20 a t-shirt, but pays about $8 each to have them printed. At a recent Phish concert, Suzy was selling t-shirts when she was approached by the Phish merchandising team and two police officers. They informed her that her t-shirt infringed on a copyright owned by the band because the shirt contained lyrics from one of their songs. The …show more content…
police officers took her information and confiscated her remaining t-shirts. She was then sued by the band and its label for copyright infringement.
Upon my legal research, Ms.
Greenberg’s t-shirts are not under Fair Use under the Copyright Statue. To gather this information I have used Mr. Blounts PDF files which are in our inbox which he mentioned we could refer too upon recent cases we have been getting for Fair Use, Copyright and so forth. The reason of why Ms. Greenberg’s t-shirts are not under Fair Use under the Copyright Statue is because Fair Use recognizes that certain uses of the copyright protected work do not require permission from the Copyright Holder. Fair Use, allows for the use of the copyright protected work for commentary, parody, research, education and the news. According to The United States Copyright Act it lists four factors to help us know when a use may be considered Fair Use. Out of the first four factors the first one is the purpose and character of the use. Secondly, is the nature of the copyrighted work. Thirdly, is an evaluation of the amount and substantiality. And last but not least the fourth one is the effect of the
market.
Fair Use cannot apply to this defense and not claim of non-copyright infringingment because this new work of T-shirts by Ms. Greenberg do not provide commentary or critique that was made for research or teaching purposes nor was it for an educational purposes. As a matter of fact it violates the law and was unethical for her to sell without any permission from the group (Phish).
Included with this information it should be noted that Ms. Greenberg also violated the First Sale Doctrine when she was informed that her t-shirt infringed on a copyright owned by the band (Phish) because the shirt contained lyrics from one of their songs. In all results it violated the First Sale Doctrine as which permits lending, reselling, disposing of the items meaning if Phish would have granted her permission or perhaps even gave her the t-shirt’s that contained the lyrics it would have been fine for her to sell but, it does not permit reproducing the material, performing it, without any permission from any of the copyright holders, or other exclusive rights.
Upon meeting with her she stated to attorney Lelimile that she was an avid music fan and has spent a great deal of time going to concerts. She often finances this habit by making t-shirts and selling them in the parking lot to other concert goers. She charges as much as $20 a t-shirt, but pays about $8 each to have them printed. At a recent Phish concert, Suzy was selling t-shirts when she was approached by the Phish merchandising team and two police officers. They informed her that her t-shirt infringed on a copyright owned by the band because the shirt contained lyrics from one of their songs. The …show more content…
police officers took her information and confiscated her remaining t-shirts. She was then sued by the band and its label for copyright infringement.
Upon my legal research, Ms.
Greenberg’s t-shirts are not under Fair Use under the Copyright Statue. To gather this information I have used Mr. Blounts PDF files which are in our inbox which he mentioned we could refer too upon recent cases we have been getting for Fair Use, Copyright and so forth. The reason of why Ms. Greenberg’s t-shirts are not under Fair Use under the Copyright Statue is because Fair Use recognizes that certain uses of the copyright protected work do not require permission from the Copyright Holder. Fair Use, allows for the use of the copyright protected work for commentary, parody, research, education and the news. According to The United States Copyright Act it lists four factors to help us know when a use may be considered Fair Use. Out of the first four factors the first one is the purpose and character of the use. Secondly, is the nature of the copyrighted work. Thirdly, is an evaluation of the amount and substantiality. And last but not least the fourth one is the effect of the
market.
Fair Use cannot apply to this defense and not claim of non-copyright infringingment because this new work of T-shirts by Ms. Greenberg do not provide commentary or critique that was made for research or teaching purposes nor was it for an educational purposes. As a matter of fact it violates the law and was unethical for her to sell without any permission from the group (Phish).
Included with this information it should be noted that Ms. Greenberg also violated the First Sale Doctrine when she was informed that her t-shirt infringed on a copyright owned by the band (Phish) because the shirt contained lyrics from one of their songs. In all results it violated the First Sale Doctrine as which permits lending, reselling, disposing of the items meaning if Phish would have granted her permission or perhaps even gave her the t-shirt’s that contained the lyrics it would have been fine for her to sell but, it does not permit reproducing the material, performing it, without any permission from any of the copyright holders, or other exclusive rights.