PART I: Overcoming
Restrictions on Media Due to Copyright Infringement Innuendo !
As publisher of
http://www.pittsburghstandard.com, I have refrained from streaming
Greek Sing Videos 2009 at the University of Pittsburgh because of
copyright infringement issues raised by certain people of the university
community only until I could JUSTIFY BY LAW that the streaming of the
videos does not break the law.
As part of the media, I was given permission to record Greek Sing
2009 and put clips of it. What I was not given permission was to stream
the entire Greek Sing 2009 videos online since it would be COPYRIGHT
INFRINGEMENT of other people’s songs in the recording industry according
to certain people of the university community. Since I could not stream
the entire video online, I have stood down until I can show there is NO
COPYRIGHT INFRINGEMENT.
Based on the STUDY OF LAW, I am excited to inform you all who wanted
to see your performances that it will not be a COPYRIGHT INFRINGEMENT.
After presenting my CASE JUSTIFIED BY LAW, I intend to stream the Greek
Sing 2009 videos as part of the media as a gift to the GRADUATING 2009
Seniors of Greek Life.
Being part of the media, Pittsburgh Standard falls under the
protection of the U.S. Constitution’s Bill of Rights, specifically
Amendment I.
Amendment I states, “CONGRESS SHALL MAKE NO LAW
respecting an establishment of religion, or prohibiting the free
exercise thereof; or ABRIDGING the FREEDOM of speech, or OF THE PRESS;
or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances.”
Congress knows it cannot abridge the FREEDOM OF THE PRESS, because it
would violate the U.S. Constitution. I believe, therefore, it took that
into consideration when CONGRESS
passed (U.S. Code, Title 17,
Chapter 1, Section 107) which deals with FAIR USE in
COPYRIGHT LAW.
Section
107 of the U.S. Code is the FAIR USE DOCTRINE:
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.
PART II: XYZ
Organization (Plaintiff) v.s. Pittsburgh Standard (Defendant)
Let us treat this as a law case as if it went to the courts and you
all are the jury.
Ladies and gentleman of the jury, the issue at hand is ‘WHETHER OR
NOT STREAMING OF GREEK SING 2009 VIDEOS IS A COPYRIGHT INFRINGEMENT’
The Plaintiff (XYZ Organization) believes it is and does not want the
videos to be streamed.
The Defense (Pittsburgh Standard-PS) argues to the contrary and will
show that it’s willingness to stream the Greek Sing 2009 Videos is not
copyright infringement and falls under the confines of the
U.S. Code of Law,
specifically Title 17, Section
107 granting the fair use doctrine.
My name is Ramesh C. Reddy and I will be representing the Pittsburgh
Standard against any XYZ Organizations.
It is up to you the jury to decide, based on the facts of this case,
taking into account the statues of the law and previous decisions given
out by the United States Courts. If you follow the facts of the case,
court cases, statues of the law, and the reasoning behind them, you will
come to see that it is NOT A COPYRIGHT INFRINGEMENT to STREAM GREEK SING
2009 VIDEOS. This is what I plan to show to XYZ Organizations.
PS only has to produce a PREPONDERANCE OF EVIDENCE to show that we
are in our rights to stream
Greek Sing 2009 videos.
PART III: Arguments
Against Copyright Infringement of GREEK SING 09.
In these arguments, I intend to show why streaming of GREEK SING 2009
VIDEOS is NOT COPYRIGHT INFRINGEMENT.
For EXHIBIT I, I would
like to present the FAIR USE DOCTRINE and will show the PS’s willingness
to stream the videos adheres to the FOUR FACTORS of the FAIR USE
DOCTRINE mentioned in the U.S. Code above.
FACTOR I:
The PURPOSE for STREAMING GREEK SING 2009 VIDEOS is for CRITICISM,
COMMENT, AND NEWSREPORTING so others can learn from them.
As a multimedia newspaper, our desire is to critique performances
after they are watched. We also give our readers the opportunity to
critique performances which they can only do if they get to watch the
videos online.
We also love to comment through poetry based on the performance that
is being viewed and let our readers comment.
Greek Sing 2009 is also a newsworthy event because it is used to
raise $500,000 dollars for the FIGHT AGAINST CANCER. Since it is a
newsworthy event, we want our readers to know what happened there
through our MULTIMEDIA section.
Streaming Greek Sing 2009 will NOT BE FOR A COMMERCIAL NATURE. The
paper will not make money from the streaming of the videos itself. On the contrary, it
will be for NONPROFIT EDUCATIONAL PURPOSES. The videos can be used by
incoming students who contemplate whether they want to do GREEK SING
2010 to continue the FUNDRAISING FOR A CHARITABLE ORGANIZATION. They
need a starting point and the most recent Greek Sing 2009 videos give
them that starting point.
Ladies and gentleman of the jury, this can only happen if Greek Sing
2009 is online. It is not enough to just have ONE VIDEO online for them
to learn from. No, ladies and gentleman of the jury, you cannot learn
from just one video.
We believe, the CROSS-CULTURAL AND LEADERSHIP DEVELOPMENT at the
University of Pittsburgh will agree that ‘among a diversity of people
and acts’ do diversity of ideas and creativity come up for others
benefit including prospective Greek Sing 2010 participants. But, it is
not just for their benefit but for anyone who watches it because they
can learn how hard these students work for a charitable cause that it
could inspire them too to be passionate about a charitable cause even if
it is a different cause.
The PS is visited by strangers we never meet and yet learn from the
site. Yes, it could be ENTERTAINING too but that does not take the
CRITICISM, COMMENT, NEWSREPORTING, or EDUCATIONAL PURPOSES AWAY which
adhere to the FAIR USE DOCTRINE.
Also, ladies and gentleman of the jury, the GREEK SING 2009 videos
adhere to the DEGREE OF TRANSFORMATION rule which
states, “the degree of transformation… seeks to determine whether the
new work merely supplants the original, or whether it adds something
new, with a further purpose or different character, thereby altering the
first with new expression, meaning or message.”
(http://www.copyrightwebsite.com/Info/FairUse/FairUse.aspx)
GREEK SING 2009 videos have a DEGREE OF TRANSFORMATION. When you
watch the videos you will see original, creative performances based on
MOVIE THEMES, PLAYS, etc. You won’t see an identical performance of
their performance if you rent the original movie, play, etc because it
is UNIQUE. Even the background songs that are used or sung are
synchronized to their creative dances and actions. Therefore, they are a
NEW WORK, they ADD SOMETHING NEW, have a FURTHER PURPOSE than the
original movies, plays, songs, or music videos and are TRANSFORMATIVE in
NATURE adhering to the FAIR CAUSE DOCTRINE. The songs are rarely ever in
full-length.
Ladies and gentleman of the jury, I would like to call FAIR USE
NETWORK.ORG as my first witness to show that GREEK SING 2009 is
transformative in its own way. They will bring to your attention
important cases that are good precedent for our case.
EXHIBIT 2:
“In an important Supreme Court case (Campbell
v. Acuff-Rose Music), the Supreme Court
held that
parodies are transformative. The rap music
group 2 Live Crew had sampled from Roy Orbison's song "O Pretty Woman".
Because they were parodying the original song, the use was
transformative, which the Court said would be a strong factor in favor
of fair use.” (http://fairusenetwork.org/reference/c-fairuse1.php)
EXHIBIT 3:
“In one case, the estate of Margaret Mitchell,
author of Gone with the Wind, sued the novelist Alice Randall,
arguing that her book The Wind Done Gone was a "derivative work"
because it used the original characters, plot line, and some dialog of
the original. But because The Wind Done Gone was intended to
critique the racial attitudes and political viewpoint of Gone With
the Wind, a federal court of appeals ruled that it was a protected
parody. (SunTrust
Bank v. Houghton-Mifflin.) (http://fairusenetwork.org/reference/c-fairuse1.php)
Thank you FAIR USE NETWORK! I will come back to you.
Ladies and gentleman of the jury, if you watch any of the Greek Sing
2009 videos, you will see they are TRANSFORMATIVE too and adhere to the
FAIR USE DOCTRINE. I would like to now present FACTOR II:
FACTOR II:
GREEK SING 2009 VIDEO PERFORMANCES are not
COPYRIGHTED to prevent from streaming. On the contrary, those performing
the videos have wanted their performance to be streamed so they can
watch it and their friends can watch it too. Also, the NATURE OF THE
COPYRIGHTED WORK does not use ENTIRE SONGS from MUSIC ARTISTS to be
deemed unfair.
EXHBIT
4:
“In one case, a film of the Kennedy
assassination was found to be of such historical importance that copying
and distributing it to the public was considered fair use. (Time
v. Bernard Geis).” (http://fairusenetwork.org/reference/c-fairuse1.php)
We believe it is a FAIR USE for the public to see the GREEK SING 2009
VIDEOS soon because it will make the public see how hard organizations
work for a cause greater than themselves.
FACTOR III:
When the SORORITIES AND FRATERNITIES are performing, they do not use
entire songs but parts of songs synchronized within their videos for
charitable purposes adhering to
‘the amount and substantiality
of the portion used in relation to the copyrighted work as a whole’
is not the whole song but medleys of different songs. The
PS is publishing the Greek Sing 2009 videos in their entirety so those
that were performing in it can have the opportunity to watch it at a
later time and also show it to readers for CRITICISM, COMMENTS,
EDUCATIONAL PURPOSES, etc.
EXHIBIT 5:
“The less of a work that is taken, the more
likely it is to be fair. But even the whole work can be taken, if it is
for a fair and legitimate purpose. The Supreme Court has held, for
instance, that copying an entire TV show for purposes of home viewing at
a later hour is fair use. (Sony
v. Universal City Studios).” (http://fairusenetwork.org/reference/c-fairuse1.php)
The Greek Sing 2009 videos do not utilize full songs from movies,
plays, etc and so PS cannot be guilty of infringing on the copyright
rights of singers whose songs are being used in the videos just because
PS decides to stream the videos. The fair use doctrine allows that.
FACTOR IV:
When the GREEK SING 2009 VIDEOS are streamed online, it does not
affect singers’ revenue or royalties just because parts of their songs
are used in the videos. Even if entire songs are used, they are so
transformative in nature and synchronization that no artist has to worry
that they will lose revenue because of the GREEK SING 2009 VIDEOS. If
anything it could have the opposite affect, and generate revenue for the
singers whose songs they used whether it is Brittney Spears, Beyonce,
The Frey, etc because they could be so enthralled with the song that
they want to hear the entire song, so they go and buy it.
the
effect of the use upon the potential market for or value of the
copyrighted work will be positive for the artists and not
negative because they could make revenue instead of losing revenue.
EXHIBIT 6:
“Deciding whether a new work undermines the
value of, or market for, the original, of course depends on the
first fair use factor — what is the purpose
and character of the new work? Is it "transformative", or in some other
way not a substitute for the original? It also depends on the
third fair use factor — whether the original
work is wholly appropriated, or less of it is taken.” (http://fairusenetwork.org/reference/c-fairuse1.php)
We have already shown based on previous exhibits that the first and
third factor has been adhered to by the Pittsburgh Standard to be of
fair use. The second factor has been adhered too. Since all three have
been adhered to and the effect on the potential market for or value of
the copyrighted work is not a threat, it is a fair use of streaming
GREEK SING 2009 Videos.
I have no more questions for my witness and you may step down FAIR
USE NETWORK. Thank you for your time.
PART IV: Closing Arguments to convince there is no COPYRIGHT
INFRINGEMENT to stream Greek Sing 2009 videos.
Ladies and gentleman of the jury, you have seen through the FACTORS
of the case being broken down and applied to our case at hand, (XYZ
Organization V.S. Pittsburgh Standard) to show that the FAIR USE
DOCTRINE has been adhered to by the Pittsburgh Standard so it CANNOT BE
COPYRIGHT INFRINGEMENT to stream the GREEK SING 2009 VIDEOS.
You have also been presented 6 EXHIBITS OF EVIDENCE in favor of the
FAIR USE DOCTRINE in support of the Pittsburgh Standard’s decision.
Those exhibits present precedents from previous court cases in support
of FAIR DOCTRINE.
You have also heard from our witness: FAIR USE NETWORK who has shown
that there will be no COPYRIGHT INFRINGEMENT if
Section 107 of the U.S. Code,
Title 17, Chapter 1 is adhered too.
I ask you now ladies and gentleman of the jury,
if it is right to punish the hard work of every sorority and fraternity
member who put hours and hours of practice time to perform on Friday,
March 27, 09 for the benefit of our society, so they can be on target to
raise $500,000 for the fight against cancer? Is it right to keep them
from watching their own Greek Sing 2009 video which the media is willing
to provide for them?
I don’t think it is right to prevent them from seeing them online and
I hope you all will agree with me that they should be allowed to see
their own performances online for educational purposes to improve for
future performances. Readers should be able to criticize and comment on
their performances online for their benefit and the benefit of future
sorority and fraternity members who will come after them so they can be
inspired to work for a greater cause than themselves.
I believe when singers realize the 'time and sweat' these lovely
girls from the sororities and the guys from the fraternities spent to
raise money to fight against cancer and to promote awareness of cancer,
they would not be upset that the PS streamed the videos with song tunes.
I believe everyone knows someone who has dealt with the sad issue of
cancer and its effects including artists. Therefore, if anything, they
would be glad that a part of their song was used in the video
performance to help raise money for cancer. They would want to help the
cancer fight and not hinder it by preventing the videos to be streamed.
They would want others to watch them instead of feeling threatened of
losing money because part of their song is heard for free.
This is what I strongly believe ladies and gentleman of the jury and
I hope you agree with me and will rule in favor of the Pittsburgh
Standard and against 'the XYZ Organizations' edict to stop distribution
of Greek Sing 2009 videos.
We hope Chancellor Mark Nordenberg, Dean of Students Kathy Humphrey,
Student Affairs' Kenyan Bonner, and Coordinator of Sorority
and Fraternity Life, Summer Rothrock, will see that streaming the
videos online are for the benefit of the Greek Life Community, the
benefit of the University of Pittsburgh Community, and the benefit of
the world for we all stand as one to fight against cancer.
Streaming of
the videos is a constant way to get the message across of the hard work
and determination put by many of the Pitt students to help the
University of Pittsburgh Cancer Institute so others can follow in their
footsteps.
Please rule that it is not a COPYRIGHT INFRINGEMENT to stream the
videos based on the evidence in support of
U.S. Code, Title 117, Chapter 1,
Section 107 from the Pittsburgh Standard. Thank you for your time
and consideration to take this case seriously.
I rest my case and hope you all enjoy the streaming of the videos
of Greek Sing 2009.
If anyone has a problem with the streaming of the videos,
please present the Pittsburgh Standard with a ‘Cease and Desist Letter’
based on Section 512 of the Digital Millennium Act of 1998. We hope it
does not come to that.
We hope artists whose songs are being synchronized within the Greek
Sing 2009 videos as samplers will not have a problem with it and
understand the FAIR USE DOCTRINE is not harming them and not INFRINGING
ON THEIR COPYRIGHTS.
I have done what I set to do and have JUSTIFIED BY LAW why it is ok
to STREAM GREEK SING 2009 VIDEOS. I can with confidence place the videos
online now. We hope you all agree. Thanks again.
The Defense Rests!
Ramesh C. Reddy has degrees in Psychology with a 3.12 &
Administration of Justice with a 3.85, with a 4.0 major in Legal
Studies, and minors in Computer Science (3.0), Math (3.0), and Business
(3.85). I thank the
Lord Jesus Christ for helping me to put this case together whether it is
a victory or loss to the paper for God is in control.
First Place Winner of Greek Sing 2009:
“Delightful
Delta Zeta's Zealously Welcome Willy
Wonka Demanding Delta Chi's
Courage!” (April
27, 09, 8:05 p.m.)
Second Place Winner of Greek Sing 2009:
Delta Delta Delta's Driven By Bond Boys Kickin' Kappa Sigma Silencer.
(April 27, 09, 9:37
p.m.)
Third Place Winner of Greek Sing 2009:
ThetaPhiAlpha's Toughly Lead Lambda Chi's Caribbean Cross Crescent Ship
Slowly! (April 28, 09,
12:15 a.m.)
Rest of the Greek Sing 2009 videos in their order of performance:
ChiOmega's Cross ZBT's Zone With Wizard's Help Happily Overcoming Oz!
(April 28, 09, 1:45
a.m.)
KKG's Kindle Nightmares Now Dealing DeltaTauDelta's Devilish Destruction
Below Bed! (May 01, 09,
1:57 p.m.)
AEPhi And AEPi To Take TKE's Helping Heroes Super Stand!
(May 01, 09, 3:27
p.m.)
Dazzling DeltaPhiEpsilon's Magically Mesmerize SAE, SAM, SPH!
(May 01, 09, 4:47
p.m.)
Sigma Sigma Sigma's Serious Sickness Petrifies PhiDelts!
(May 04, 09, 2:30
p.m.)
AlphaDeltaPi Announces PIKA's Pressure Seeking Sin City's Corruption!
(May 04, 09, 4:27
p.m.)
SigmaDeltaTau Schooled Together Turning TauEpsilonPhi Towards DeltaPhi's
DayDream! (May 04, 09,
5:46 p.m.)
KappaDelta's Keep SigmaChi's Starting Towards Triangle To Have Hope
Diamond Delivered! (May 04, 09,
7:02 p.m.)
