Rita Espinoza has created a video and uploaded it to YouTube. In the video, Rita has used a 30-second clip of a 6-minute song from Latin jazz musician Tito Puente. She did not seek permission to use this copyrighted music. Sony/BMG, the copyright holder of Puente’s music, files suit against both Rita Espinoza and YouTube alleging copyright infringement. Upon hearing of the lawsuit, YouTube notifies Rita that it will remove her video and does so within several days of notification of the lawsuit. Rita argues that her inclusion of copyrighted music is not copyright infringement because it is a “fair use” of the material. YouTube claims that it should be exempt from the lawsuit because it complied with “notice and takedown” exemptions in the Digital Millennium Copyright Act.
THESE QUESTIONS MUST BE THOROUGHLY ANSWERED!! YOU MUST BUILD A STRONG SOLID ARGUMENT FOR EACH QUESTION. PROVIDE EXAMPLES FROM THE READINGS AND REAL WORLD EXAMPLES TO HELP SUPPORT YOUR ARGUMENT.
1. Analyze Rita Espinoza’s argument that her inclusion of Tito Puente’s music in her video is a fair use.
2. Thinking about the concept of fair use, is her argument legitimate?
3. What evidence might she use to back her claim? Remember to consider the 4 elements the courts use to determine whether an infringement has occurred.
4. Will Espinoza be successful in her defense? Why or why not?
5. Analyze YouTube’s argument that it has complied with the Digital Millennium Copyright Act. Remember to provide any legal precedent or other evidence that YouTube can use in its defense.
6. Will YouTube be successful in its defense? Why or why not?
This will be graded on the following criteria:
? Answering the question: have you addressed the questions thoroughly and coherently?
? Clear articulation of legal principles/application of relevant class material. (Are course concepts and readings deployed when they are relevant? When course concepts and readings are included, are they used correctly? Does the use of course concepts and readings demonstrate that the writer understands them?)
? Clarity of thought: is your use of evidence clearly expressed?
? Organization: is your answer logically and clearly presented?
? Thoroughness of analysis: is your answer complete and have you
considered the supporting evidence acutely rather than providing a superficial analysis?
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