Copyright infringements, ownership and trademark issues are not easy to resolve. There is often a gray area between what is okay to publish and what is not. Sturken and Cartwright state the biggest factor in determining the fair use of property is whether or not the copy is promoting or adding to the original piece. (208) As our society adopts more advanced technologies it is difficult to prove clear copyright violations. Sturken and Cartwright ask the question: How do courts find the difference between transformation and the derivation of a piece of work?
Below is an example post I have written for this discussion. This commercial definitely made me question its intentions and reminded me of the California Celebrities Rights Act of 1984 (207) mentioned in the reading. You do NOT need to answer the questions in my example.
In 2009, Direct TV released a commercial with David Spade promoting satellite television. The advertisement used a scene from the film Tommy Boy, which caused debate among viewers. Chris Farley's family approved the commercial, making this a case of morality. David Spade and Farley's family defended the commercial; however, people felt it was in poor taste. Is this an issue of exploitation of the dead or a way to honor the late actor's career? Since Farley is synonymous with the character Tommy from the film, does this affect his likeness?
Research an article, court case or issue that interests you! What you post is not limited to legal conflicts, but can touch upon what is morally right or wrong within this week's topic. From a celebrity's likeness/persona to the pros and cons of digital images compared to analog photographic images, there are numerous options to explore. Ask questions to engage others and give your opinion.
Sturken, Marita, and Lisa Cartwright. “Copies, Ownership and Copyright.” 204-220. Practices of Looking: An Introduction to Visual Culture. 2nd ed. Oxford: Oxford University., 2009. Print.