Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
Rigdon Osmond Dees III, best known as Rick Dees, is an American entertainer, radio personality, comedian, actor, and voice artist, best known for his internationally syndicated radio show The Rick Dees Weekly Top 40 Countdown and for the 1976 satirical novelty song "Disco Duck".
James Francis McHugh was an American composer. One of the most prolific songwriters from the 1920s to the 1950s, he is credited with over 500 songs. His songs were recorded by many artists, including MChet Baker, June Christy, Bing Crosby, Marlene Dietrich, Deanna Durbin, Ella Fitzgerald, Judy Garland, Adelaide Hall, Billie Holiday, Beverly Kenney, Bill Kenny, The Everly Brothers, Peggy Lee, Carmen Miranda, Nina Simone, Frank Sinatra, and Dinah Washington.
In re Aimster Copyright Litigation, 334 F.3d 643, was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate because the copyright owners were likely to prevail on their claims of contributory infringement, and that the services could have non-infringing users was insufficient reason to reverse the district court's decision. The appellate court also noted that the defendant could have limited the quantity of the infringements if it had eliminated an encryption system feature, and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C. § 512(i). and could not be used as an excuse to not know about the infringement. In addition, the court decided that the harm done to the plaintiff was irreparable and outweighed any harm to the defendant created by the injunction.
Berlin v. E.C. Publications, Inc., 329 F.2d 541, was an important United States copyright law case decided by the United States Court of Appeals for the Second Circuit in 1964 involving the right to parody a well-known melody.
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive.
"I Had the Craziest Dream" is a popular song which was published in 1942. The music was written by Harry Warren, the lyrics by Mack Gordon.
Jack Segal was an American pianist and composer of popular American songs, known for writing the lyrics to Scarlet Ribbons. His composition May I Come In? was the title track for a Blossom Dearie album. Other songs he authored or co-authored are When Sunny Gets Blue, That's the Kind of Girl I Dream Of, I Keep Going Back to Joe's, A Boy from Texas, a Girl from Tennessee, After Me and When Joanna Loved Me. It has been estimated that his songs have helped sell 65 million records.
"Mona Lisa" is a popular song written by Ray Evans and Jay Livingston for the Paramount Pictures film Captain Carey, U.S.A. (1949), in which it was performed by Sergio de Karlo and a recurrent accordion motif. The title and lyrics refer to the renaissance portrait Mona Lisa painted by Leonardo da Vinci. The song won the Academy Award for Best Original Song in 1950.
Love Is the Thing is a 1957 album released by American jazz vocalist Nat King Cole. It is the first of four collaborations between Cole and influential arranger Gordon Jenkins.
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work. The derivative work becomes a second, separate work independent from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.
A parody is a creative work designed to imitate, comment on, and/or mock its subject by means of satirical or ironic imitation. Often its subject is an original work or some aspect of it, but a parody can also be about a real-life person, event, or movement. Literary scholar Professor Simon Dentith defines parody as "any cultural practice which provides a relatively polemical allusive imitation of another cultural production or practice". The literary theorist Linda Hutcheon said "parody ... is imitation, not always at the expense of the parodied text." Parody may be found in art or culture, including literature, music, theater, television and film, animation, and gaming. Some parody is practiced in theater.
Fair and Warmer! is a 1957 studio album by June Christy. The songs were arranged by Pete Rugolo, and players on the record include trumpeter Don Fagerquist, trombonist Frank Rosolino, altoist Bud Shank, and tenor saxophonist Bob Cooper ; none of the notable musicians were credited in the album's brief liner notes. The record peaked at #16 on the Billboard Pop Music Charts.
Swing Softly is the fifth album by American pop singer Johnny Mathis that was released on July 28, 1958, by Columbia Records and was a departure from the ballads that accounted for the vast majority of singles and album tracks he had recorded thus far. This project features uptempo arrangements of popular standards, most of which originated in a movie or stage musicals, and a couple of new songs: "To Be in Love" and "Easy to Say ".
This is Criss! is an album by saxophonist Sonny Criss recorded in 1966 and released on the Prestige label.
Fisher v. Dees was a 1986 case of the United States Court of Appeals for the Ninth Circuit whose judgement refined the doctrine of fair use in American copyright law.
"To the Ends of the Earth" is a 1956 Nat King Cole song, written by Noel Sherman and Joe Sherman. It was released as a single in 1956 and reached number 25 on the pop charts. The song was reissued on the album This Is Nat King Cole (1957), and again on The Nat King Cole Story (1961).
The Essential Johnny Mathis is a compilation album by American pop singer Johnny Mathis that was released in 2004 by Columbia Records and includes several of his early hits such as "Chances Are" and "Misty" as well as a wide assortment of selections spanning more than four decades of his recording career.
Gold: A 50th Anniversary Celebration is a compilation album by American pop singer Johnny Mathis that was released on November 21, 2006, by Columbia Records and takes the first 13 of its 18 tracks from the first four years of his recording career. The collection then jumps ahead 27 years for the remaining five songs, two of which had not been released elsewhere: "So Many Stars" comes from the recording date of an unfinished Sergio Mendes project, and "The Shadow of Your Smile" was later featured on the 2007 Dave Koz album At the Movies.
Mark Murphy Sings Nat King Cole & More is a compilation album of American jazz vocalist Mark Murphy's Muse Records recordings. It was released by the 32 Jazz label in the United States in 1999. This album is a collection of songs from his Muse years 1972–1991.
