OA34: The "Fallout" Over Copyright

Published: Jan. 13, 2017, 8:36 a.m.

Today's episode is a mini-masterclass on Copyright. \xa0We begin by answering a question from listener Sue Barnum who asks if a simple list can be copyrighted. After that, we move to the main discussion over the Copyright Act and the "fair use" defense, using as an illustration the recent story where CNN appropriated the graphic from the hit videogame Fallout 4 to illustrate a story about Russian hacking. \xa0Did this violate copyright law? \xa0Or was CNN's activity "fair use" of the game screen? Next, we answer\xa0a fun listener question from Damian Kumor about the portrayal of law in media. \xa0What's Andrew's favorite obscure legal TV show? \xa0Listen and find out! Finally, we end with Thomas Takes the Bar Exam question #6 about prenuptial agreements. \xa0Remember that TTTBE issues\xa0a new question every\xa0Friday, followed by the answer on next Tuesday's show. \xa0Don't forget to play along by following\xa0our Twitter feed (@Openargs) and quoting the tweet that announces this episode along with your guess and reason(s)! Show Notes & Links

  1. Here's the text of\xa0Feist Publications v. Rural Telephone Service Co., Inc., 499 U.S. 340 (1991).
  2. This article from cnet explained CNN's use of the Fallout 4 graphic.
  3. The Copyright Act of 1976 is codified at 17 U.S.C. \xa7 101 et seq.
  4. Learn about the incredibly low-rated cancelled TV show "Justice" at its IMDB page.
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