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takedown_analysis [2017/02/19 08:54] – [Can Axanar Claim 'Prelude' Copyright?] edits to tighten, clarify Carlos Pedrazatakedown_analysis [2017/02/20 12:22] – [The Shoe is on the Other Foot] Carlos Pedraza
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 ====== The Shoe is on the Other Foot ====== ====== The Shoe is on the Other Foot ======
  
-//**Following Lawsuit, Axanar Ironically Claims Copyright Protection Against Fan Edit of 'Prelude'**//+//**Following Lawsuit, Axanar Ironically Claims Copyright Protection From Fan Edit of 'Prelude'**//
 {{TOC}} {{TOC}}
 <WRAP> <WRAP>
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 [{{ :prelude-redux.jpg?300|**REDUX** An altered //Prelude// scene in the fan-edit taken down from YouTube.}}] [{{ :prelude-redux.jpg?300|**REDUX** An altered //Prelude// scene in the fan-edit taken down from YouTube.}}]
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 ===== Fair Use Analysis ===== ===== Fair Use Analysis =====
  
-<wrap lo>As it turned out for Axanar in its lawsuit, a federal judge rejected its argument that //Prelude// consisted [[fair use]] of Star Trek copyrights. How well would //Prelude: Redux// fare under the same kind of analysis. The EFF sums up that analysis under the following questions,(([[https://www.eff.org/issues/intellectual-property/guide-to-youtube-removals|"A Guide to YouTube Removals," Electronic Frontier Foundation]], retrieved 2/18/17.)) each followed by the fan editor's likely stance. \\ \\+<wrap lo>As it turned out for Axanar in its lawsuit, a federal judge rejected its argument that //Prelude// made [[fair use]] of Star Trek copyrights. How well would //Prelude: Redux// fare under the same kind of analysis? The EFF sums up that analysis under the following questions,(([[https://www.eff.org/issues/intellectual-property/guide-to-youtube-removals|"A Guide to YouTube Removals," Electronic Frontier Foundation]], retrieved 2/18/17.)) each followed by the fan editor's likely stance. \\ \\
 **Is the video transformative? Is it non-commercial?** \\ **Is the video transformative? Is it non-commercial?** \\
 The fan editor would say yes to first under the theory that his cut comments on the original work and transforms it into a new interpretation. Posted for free on YouTube, and free of any surrounding commercial endeavors based on the work — which severely weakened Axanar's own case — //Redux// would likely be found non-commercial. The fan editor would say yes to first under the theory that his cut comments on the original work and transforms it into a new interpretation. Posted for free on YouTube, and free of any surrounding commercial endeavors based on the work — which severely weakened Axanar's own case — //Redux// would likely be found non-commercial.
 \\ \\ \\ \\
 **Is the video a substitute for the original? Would people still want to buy the original after seeing the video?** \\ **Is the video a substitute for the original? Would people still want to buy the original after seeing the video?** \\
-Axanar could certainly argue the intent of the fan edit is precisely to substitute for the original. But Axanar is prohibited under the settlement from ever selling copies of //Prelude//, therefore there could be no market substitution. The fan editor could, however, do a better job of identifying //Redux// with the body of the fan edit as clearly //not// the original //Prelude//.+Axanar could certainly argue the intent of the fan edit is precisely to substitute for the original. But Axanar is prohibited under the settlement from ever selling copies of //Prelude//, therefore there is no market  in which to substitute. The fan editor could, however, do a better job of identifying //Redux// with the body of the fan edit as clearly //not// the original //Prelude//, rather than just in the description of the work.
 \\ \\ \\ \\
 **How much of the original work did the fan editor take, both quantitatively and qualitatively?** \\ **How much of the original work did the fan editor take, both quantitatively and qualitatively?** \\