In 1709 the Statute of Anne created the first purpose-built copyright law. This blog, founded just 300 short and unextended years later, is dedicated to all things copyright, warts and all. To contact the 1709 Blog, email Eleonora at eleonorarosati[at]gmail.com
Monday, 23 June 2014
Should the EU have a specific UGC exception or even fair use?
Earlier today, the IPKat launched a poll[which you can find at the top of the left-hand side of the IPKat side bar] asking readers the following question:
DO YOU THINK THAT EU COPYRIGHT SHOULD HAVE A SPECIFIC EXCEPTION FOR USER-GENERATED CONTENT?
The photograph has attracted immediate and increasing popularity, probably because of Jeremy's good looks.
There have been also suggestions that this particular Jeremy would make a perfect model. To prove why this would and should be the case, some users have created fake fashion campaigns using Jeremy's mugshot and a bit of Photoshop. But, by using his photograph, can any copyright-related issues arise?
Under US law the response should be pretty straightforward, in the sense of 'No' being likely answer, as any potentially infringing activities might be considered fair use within §107 of the Copyright Act, particularly because of their transformative nature [as recent examples, see Cariou v Prince, here, and Seltzer v Green Day, here].
But what would happen in a different jurisdiction, say the UK?
As current [and future: see leaked Commission's White Paper here] EU copyright framework does not provide for a specific exception for user-generated content, potential infringement issues might arise given the likely insufficiency of current and forthcoming exceptions - such as parody - to cover activities like those of Jeremy's fans.
Should things change? You have time until 7 July to let us know what you think! Do vote!