Intellectual Property – Copyright (Fair use)
Intellectual Property – Copyright (Fair use)
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Legal issues
Essay question – In 2015, Eight Mile Style, representing the United States rapper Eminem, sued the New Zealand National Party for an alleged copyright infringement through using the song �Lose Yourself� in a National Party campaign advertisement for the 2014 General Election. The High
Court of New Zealand has already decided on the issues of jurisdiction and an order for a split trial. However, the issue of liability remains unresolved.
Based on the above facts and citing the relevant sections of the Copyright Act 1994 and case law from New Zealand and other jurisdictions –
a) compare and contrast the case law on a fair use/fair dealing defence in the United States and New Zealand (including, but not limited to, cases relating specifically to music sampling) and how it relates to the present case and its potential outcome. [40 marks]
Cases –
1) Campbell v Acuff-Rose Music, 510 U.S. 569 (1994)
2) Devin Copeland v Justin Bieber, et al., 789 F. 3d 484 (4th Cir. 2015)
3) Braham v Sony/ATV Music Publishing, USDC, CDCA (2015)
ALSO use New Zealand Case law.
In the answer you need to discuss tests and legal principles that courts have laid out for determining what amounts to fair use/dealing.
