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Copyright Being Used To Prevent Actress From Showing Her Own Demo Reel

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Lawyer Stephen Doniger seems to be going out of his way to file lawsuits that involve creative interpretations of copyright (and by "creative" I mean "wrong.") You may recall that Doniger was the lawyer behind Playboy suing Boing Boing for copyright infringement for linking to an Imgur collection of Playboy centerfolds. That case went so poorly that the judge tossed it out in just two months. Before that, Doniger made a name for himself (I kid you not) being a fabric copyright troll, filing loads of lawsuits against companies offering similar designs on fabric. He's also jumped in on the whole situation created by the "Blurred Lines" mess by filing a bunch of "sounds alike" copyright cases.It's almost as if he's filing all sorts of nutty copyright cases just to demonstrate for us just how ridiculous modern copyright law has become, and how far from its purpose it has strayed. Indeed, that's about the only explanation I can find for a new filing by Doniger, as noted by the Hollywood Reporter, in which Doniger, representing director Robin Bain is suing actress Jessica Haid for using a clip of the film, Nowhereland in her own demo reel.In short, Bain claims that Haid asked for permission to use clips in her demo reel and Bain refused (nice of him). She then got a copy of the film and gave it to another company to include it in her demo reel. Bain is now suing, claiming it's an "unauthorized derivative work." Indeed, the lawsuit claims that the clips in the demo reel "included a significant amount of unreleased footage from The Film, which taken together, encompassed the heart of The Film, as well as revealed the ending to The Film."The claim that this uses "the heart" of the work is an attempt to get around a fair use claim and a reference to the famed Harper Row v. Nation Enterprises case. Looking over the fair use factors, it seems hard to see how this isn't fair use. It's clearly transformative. The use is quite different than the movie itself -- it's a small clip used to advertise the actress, not to show the film. Despite the claims of this being "the heart" of the film, it's still just clips for a demo reel, rather than the full film. And, finally the impact on the market is going to be nil. Or, if anything, it might encourage people to see the full film (unless the film sucks, of course).Either way, I can't imagine that this is what the framers of the Constitution imagined when they were putting in place the copyright clause. How the hell does it "promote the progress of science" to have a director sue an actress for advertising her acting ability? But, as yet another example of just how ridiculous copyright law is these days, it works perfectly. So thanks Stephen Doniger for adding to the list of examples of ridiculous copyright lawsuits.



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posted at: 12:00am on 23-May-2018
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Chicago Wins 'Most Corrupt City' Award Due In No Small Part To Its Awful Redlight Camera System

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We've talked a great deal about my home city of Chicago, largely for the myriad of awful, corrupt practices it has put in place around topics that we cover here. For instance, we have an alderman trying to shore up the city budget by taxing the shit out of Uber and Lyft, our Mayor thought it was a great idea to have his own private email accounts to conduct business, and a red light camera system so hilariously geared towards bilking money from citizens that the courts have tossed out huge swaths of the tickets it generated, which led the city to decide to make it barely less corrupt by a measure of tenths-of-seconds worth of leeway for drivers crossing the intersection.Now, you might be thinking that all of this effort to be corrupt and insidious seems like a waste. Wouldn't it be far easier, you might be thinking, to simply run the city in a sensible way? Wouldn't that actually require less effort and be better for the people of Chicago? Perhaps, but then Chicago wouldn't have received the prestigious award of "most corrupt city", as it did this past week.

A report released Tuesday ranks Chicago as the most corrupt city in the country and Illinois as the third-most corrupt state."What we find is a very dreary picture. In nearly every sector, whether you talk about aldermen, you talk about Chicago schools, you talk about contracts, in every area corruption is still rife in the city of Chicago," said Dick Simpson, lead author of the "Continuing Corruption in Illinois" study and a University of Illinois Chicago political science professor.
We did it! Suck it, every city in New Jersey! My hometown is the corruptest place in the land. And, as the UIC report notes, Chicago won this much sought after award in no small part to the very red light camera system we mentioned above.
Chicago's red light camera scandal sent an assistant transportation department commission to prison for bribery and extortion."What that means is that it's harder to get businesses to come here because of its corrupt state, we're losing population and corruption is one of the reasons we're losing population. We have undermined faith in government," Simpson said.
Asked to comment on the UIC report, Mayor Rahm Emanuel responded by noting how awesome a job he's done at not being corrupt, despite that not being the framing of the question at all. But that's the kind of response you can expect from Rahm, who has overseen the most corrupt city's government for more than seven years now. It has been under his watch that the camera system has flourished into the corruption monster it now is, not to mention it being under his watch that the Chicago Police Department has become the butt of a national joke.So pop the champagne, fellow Chicago residents. It took a lot of hard work and effort, but we made it!

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