OA34: The "Fallout" Over Copyright

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.3 • 3.7K Ratings

🗓️ 13 January 2017

⏱️ 67 minutes

🔗️ Recording | iTunes | RSS

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Summary

Today's episode is a mini-masterclass on Copyright. We begin by answering a question from listener Sue Barnum who asks if a simple list can be copyrighted. After that, we move to the main discussion over the Copyright Act and the "fair use" defense, using as an illustration the recent story where CNN appropriated the graphic from the hit videogame Fallout 4 to illustrate a story about Russian hacking. Did this violate copyright law? Or was CNN's activity "fair use" of the game screen? Next, we answer a fun listener question from Damian Kumor about the portrayal of law in media. What's Andrew's favorite obscure legal TV show? Listen and find out! Finally, we end with Thomas Takes the Bar Exam question #6 about prenuptial agreements. Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show. Don't forget to play along by following our Twitter feed (@Openargs) and quoting the tweet that announces this episode along with your guess and reason(s)! Show Notes & Links

Here's the text of Feist Publications v. Rural Telephone Service Co., Inc., 499 U.S. 340 (1991).
This article from cnet explained CNN's use of the Fallout 4 graphic.
The Copyright Act of 1976 is codified at 17 U.S.C. § 101 et seq.
Learn about the incredibly low-rated cancelled TV show "Justice" at its IMDB page.

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Transcript

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0:00.0	This episode is brought to you by Royal London, the UK's largest mutual, life, pensions and investment company.
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0:19.0	while investing responsibly, to help build a future worth returning into.
0:23.0	It really is Efron's business. Learn more at RoyalLondon.com slash mutuality.
0:30.0	But it's a great change of his family. There could be a death penalty.
0:36.0	Nothing lawyer.
0:50.0	Seriously, when the going gets tough, you don't want a criminal lawyer.
0:53.0	Alright, you want a criminal lawyer.
1:01.0	Lady Trahan's at Injectal Box. Objection. In the absence of pants, defense and suspenders serve no purpose.
1:08.0	I'm going to allow them. For now.
1:11.0	Thank you.
1:15.0	I might be a simple country, have a chicken. But I know when we're a finger-lift, what do you say we plead in sanity?
1:24.0	Welcome to Opening Arguments, the podcast that pairs an inquisitive interviewer with the real-life lawyer.
1:30.0	This podcast is sponsored by the law offices of P.A.N.T.R.S.L.C. for entertainment purposes.
1:35.0	It's not intended as legal advice, it does not form an attorney-client relationship.
1:39.0	Don't take legal advice from a podcast.
1:47.0	Hello and welcome to Opening Arguments. This is episode 34.
1:52.0	I'm host one of two, Thomas Smith. And there's host two of two, Andrew Torres. How are you doing, Andrew?
1:58.0	I'm great, despite being demoted to host two.
2:01.0	Oh, no, see, that was in order of appearance.
2:04.0	Oh, okay. Yeah, so you're fine.
	...

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