Re: [lactivism] Re: Anyone Know a Good Lactivist Friendly Pro-Bono Lawyer
- I posted links to the blog and the original email here on the lactivism group this morning to a breastfeeding group on Livejournal.com. The following is a response I got from one of the other mommas there. Thought it might help some in response to questions about the legality of the whole shebang and whatnot!~Janine
I shared this w/ another board I am on, this is what I got in response:
Hm. I'm pretty sure they could fight this using the "Fair Use" section of the copyright law.
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Because the shirt is a parody of a slogan, which is changed by 23.5%, and not directly quoted, along with the fact that she made eight dollars off of it, should probably constitute this being legal.
Also, romotion of adult breastfeeding fetishes is not illegal.
P.S. Target sells a shirt that says "Instructions Not Included" on onesies for babies. Are they unfairly parodying "Batteries not included"? And saying that children are toys or robots that we should put batteries in? I doubt it.
: ( Kristi