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Reply #11: he's right and he's wrong [View All]

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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-24-08 11:00 PM
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11. he's right and he's wrong
There is a strong case to be made that the fair use doctrine is, in essence, constitutionally mandated in order to ensure that the protections afforded by the law of copyright do not impinge unnecessarily on free speech.

Having said that, under the standard fair use analysis, I see no way that the use of even a short clip from Imagine could qualify as fair use. In particular, taking a copyrighted work, or even a portion of it, for a commercial film, is a big strike against the use being treated as fair use.
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