Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court Rules Fair Use, Dismisses Radio Host's Suit
MediaPost.com ^ | July 29, 2008 | by Wendy Davis

Posted on 07/31/2008 11:56:25 AM PDT by Jim Robinson

A federal judge has dismissed radio host Michael Savage's copyright infringement lawsuit against the Counsel on American-Islamic Relations, which had posted excerpts of one of his programs online.

Judge Susan Illston in San Francisco ruled that the clips, totaling four minutes out of the two-hour Savage Nation program that ran on Oct. 29, 2007, constituted a fair use.

"Defendants used plaintiff's material in order to criticize and comment on plaintiff's statements and views," Illston wrote in the 21-page ruling.

Savage filed suit for copyright infringement and racketeering last December. Among other allegations, Savage asserted that the CAIR took his statements out of context in order to harm his public image as well as to help the organization raise funds. The clips were excerpted from a program in which Savage said, "The Quran is a document of slavery and chattel," and that Islam is "a religion that teaches convert or kill, a religion that says oppress women, kill homosexuals."

Illston discounted both arguments. She ruled that even if the organization used the clips to raise money, doing so would have been a fair use of Savage's work. "The sum of plaintiff's allegations and evidence demonstrate that there will be no actual or potential market impact on the original work," she wrote. "The audience that might donate and listen to the audio segment on defendants' Web site is separate from the audience that plaintiff possibly could stand to profit from in using his Web site to sell the audio content at issue."

(Excerpt) Read more at mediapost.com ...


TOPICS: News/Current Events
KEYWORDS: copyright; fairuse; intellectualproperty; savage; talkradio
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-82 next last
To: Bob J

Thanks, I’m not a lawyer but I know that as soon as even the slightest mention of money is involved it can cause quite a stir with copyrighted works verses Fair Use.

Personally I do think the decision as it stands is a plus for us here to use as a precedence for the likes of AP and Gannett.

I would be standing on the sidelines and watching the debate from the balcony section of course, my wife gets mad if I stay at the Holiday Inn too often anymore...


21 posted on 07/31/2008 1:11:36 PM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Long Island Pete
RE: "Now you can get back to stabbing conservatives in the back . . . "

You mean you want him to stop speaking out against radical Muslims?

I honestly believe that radical Muslims have attacked our Country and will continue to do so. You don't make a lick of sense!

22 posted on 07/31/2008 1:11:48 PM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: sam_paine
Tough call. It's like rooting for the Nazis against the Soviets or vice versa. Pox on em all.

You don't make a lick of sense.

23 posted on 07/31/2008 1:15:16 PM PDT by whatisthetruth
[ Post Reply | Private Reply | To 16 | View Replies]

To: Long Island Pete
"I love it. Take that Weiner. Now you can get back to stabbing conservatives in the back and being jealous of other talk show host yadda, yadda."

You "love it" that Mike took it in the chops from a Clinton appointee? That terrorist-front CAIR won an apparent victory? Don't you have your priorities a little unhinged?

You're schadenfreuding for the wrong party, my friend. I've listened to Savage countless time, and never felt "stabbed in the back" even when I disagreed vehemently with him.

Let me tell you, there's more figurative stabbings in the back, front and sideways going on these days on some hot Veep and religion FR threads than I hear on the Savage Nation.

He's jealous of other hosts? Give me a break. Mike's #3 in the nation, behind only Rush and Hannity. Maybe YOU'RE the one that's jealous of Mike's success in this tough world.

Leni

24 posted on 07/31/2008 1:20:10 PM PDT by MinuteGal ( Hottie Contest In Progress for Freepathon. See # 28 on FreepathonThread. Be a WINNER for FR!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Abathar

Money complicates the issue but it is not definitive. If someone created a site that did nothing but post excerpts with no links to copyrighted works, no discussion and made money off it, it is a debatable fair use.

As long as Jim keeps excerpting (within reason), linking and sports the reader acessed bulletin board, he is in good shape.

I think his decision about the AP was more out of emotion than reality. The AP can puff all they want but the courts decide fair use. The downside is the AP could use FR as it’s test case and Jim doesn’t have the money nor probably wants to fight another lawsuit, even if the chances of winning were pretty good.

But I doubt the AP would do that, there are bigger fish and more important targets than FR>


25 posted on 07/31/2008 1:20:22 PM PDT by Bob J
[ Post Reply | Private Reply | To 21 | View Replies]

To: Abathar
We here at FR use quotes and copy parts of copyrighted material all the time, so I think a lot depends on who is using what, and whether they are benefiting from it financially is key also.

Not if the quotes are from AP! I hope you are aware of that:)

26 posted on 07/31/2008 1:31:45 PM PDT by calex59
[ Post Reply | Private Reply | To 6 | View Replies]

To: Jim Robinson

2 Attorneys dissagree.

http://www.youtube.com/watch?v=gjy-sWJCZxA


27 posted on 07/31/2008 1:32:20 PM PDT by camerakid400
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson

So Wiener got slapped....


28 posted on 07/31/2008 1:33:58 PM PDT by rottndog (Government is a necessary evil, but as with all evils, the less of it the better.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Long Island Pete

Go CAIR!

????


29 posted on 07/31/2008 1:50:40 PM PDT by Bradís Gramma (Typical Whitey Gramma just like Obamies!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Long Island Pete

The only one I see here stabbing conservatives in the back is you. That you would side with the terrorist shagging CAIR over Michael Savage is sickening.


30 posted on 07/31/2008 2:05:31 PM PDT by Tamar1973 (Catch the Korean Wave, one Bae Yong Joon film at a time!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Long Island Pete

how has he stabbed conservatives in the back. I bet you are one of the butt monkeys that voted for mccain in the primaries, or wanted RUDY....talk about back stabbing


31 posted on 07/31/2008 2:19:59 PM PDT by Liberty2007 (Here's Dr. Savage's analysis on the POTUS race"The Afro-Leninist vs The Sarcophogus)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Tamar1973

yobosayo TSN QUEEN


32 posted on 07/31/2008 2:26:51 PM PDT by Liberty2007 (Here's Dr. Savage's analysis on the POTUS race"The Afro-Leninist vs The Sarcophogus)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Liberty2007

He Gave Jerry Brown $2000


33 posted on 07/31/2008 2:30:37 PM PDT by cmsgop ( Axis of Evil = Iran , North Korea , Rob and Amber)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Liberty2007

Annyonghaseyo, Liberty!!!!!


34 posted on 07/31/2008 2:39:20 PM PDT by Tamar1973 (Catch the Korean Wave, one Bae Yong Joon film at a time!)
[ Post Reply | Private Reply | To 32 | View Replies]

To: calex59

Yep. I paraphrase everything off of an AP story now just to be on the safe side, with some spelling errors thrown in for good measure.


35 posted on 07/31/2008 2:39:24 PM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
[ Post Reply | Private Reply | To 26 | View Replies]

To: cmsgop

holy smakies, he gave moonbeam 2g? I heard he had chuckie shumer on his show. I hear he also hate autistic children...............STFU


36 posted on 07/31/2008 2:52:14 PM PDT by Liberty2007 (Here's Dr. Savage's analysis on the POTUS race"The Afro-Leninist vs The Sarcophogus)
[ Post Reply | Private Reply | To 33 | View Replies]

To: lormand

liberal Weiner gets slapped down


37 posted on 07/31/2008 2:55:51 PM PDT by Checkers (McCain: "Hillary Clinton would make a good President.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Liberty2007
Awe Poor Baby!!!!

Why did he give Jerry Brown (DEM) $2000 ?

Is that your Conservative Value?

Are you going to give $2000 to Obama tough Guy?
38 posted on 07/31/2008 2:57:40 PM PDT by cmsgop ( Axis of Evil = Iran , North Korea , Rob and Amber)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Jim Robinson

And AP will, of course, stop threatening lawsuits over copyright infringement, right?/sarc

(As a Savage fan, I still expected this. Fair use should cover a lot of ground. I still wanted to see CAIR dragged thru court via discovery, though.)


39 posted on 07/31/2008 3:01:29 PM PDT by dynachrome (Henry Bowman is right)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Checkers
Thanks I missed this thread, and now it looks a bit stale.

Check out the status-quo Weiner responses to the Weiner/Moonbeam-Brown critics on this thread. (maybe Weiner can hyphenate his name Weiner-Moonbeam)

If you don't like that faux conservative Weiner-Moonbeam, then you are a McCain voting, CAIR membership, GOP tool.

40 posted on 07/31/2008 3:02:03 PM PDT by lormand (Don't vote democRAT, from either party.)
[ Post Reply | Private Reply | To 37 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-82 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson