[Fmpro] ono's lawsuits

[CORBERLAW@aol.com]

In a message dated 5/22/2008 5:04:02 AM Pacific Daylight Time,  
fmpro-request at nxport.com writes:

The  filmmakers acknowledge they did not ask Ono for
permission to use 15 to 20  seconds of the song. But
they argue they are protected by the "fair  use"
doctrine, which permits small parts of a copyrighted
work to be  used without an author's permission under
certain  circumstances.


If they can defend and point to a specific fair use provision, the  
filmmakers might have a defense.  If not, then she should win the  case.  However, if 
the case is based on copyright infringement, she should  lose in state court 
because that court has no jurisdiction to hear or try the  case.  Copyright 
lawsuits are exclusively a federal court matter.  
 
Brian Corber
attorney at law
Los Angeles



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