How Copyright Works: Fair Use, Parody, and Copyright Infringement | Berklee Online

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In this video, Berklee Online course author Dr. E. Michael Harrington describes how to distinguish between fair use and copyright infringement through examples such as “Something in the Way She Moves,” by James Taylor, which George Harrison borrowed for a popular Beatles song. Dr. Harrington also explores cases involving the Dixie Chicks with their song, “Sin Wagon.” Another song called “I’ll Fly Away,” written by Albert Bromley, is the complete opposite of “Sin Wagon”; they have completely different ideas behind them. The Dixie Chicks wanted to use “I’ll Fly Away” to create a parody. They were sued for those three words, “I’ll fly away,” even though parody is fair use, which is legal. Dr. Harrington cites a peculiar example of Miles Davis and Jimi Hendrix as well. He explains how even though a title is not copyrightable, if the title is also a lyric, then it is copyrightable. Parody, according to the Supreme Court, means you have to take from the heart of the song because the listener has to be reminded of what the song is about. If you state a melody the same way another artist did (such as the Beatles), the same number of times, this is direct copying. It is debatable whether or not this is fair use.

About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.

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Copyright Law | E. Michael Harrington | Fair Use | Copyright Infringement | James Taylor | The Beatles | Dixie Chicks | Parody | Miles Davis | Jimi Hendrix | Albert Bromley | Music Business | Berklee Online | Berklee College of Music | Music Business Law