On May 29, 2020, Netflix released a new comedy television series starring Steve Carrell titled “Space Force.” It is a workplace comedy from one of the creators of “The Office” that focuses on the presumed sixth branch of the United States military. This concept is directly derived from the United States’ Space Force that was announced by President Trump and authorized by Congress on December 20, 2019.
By any standard, the existence of both things is somewhat of
a farce. Making things even stranger is that no one seems to understand how
names and titles and trademarks work, which led to a series of articles this
week about the purported trademark rights to SPACE FORCE being lost by the
United States government. This premise is ridiculous and this article will
attempt to explain why this is a non-story.
On Saturday evening, May 16, 2020, Donald Trump shared
a cartoonish deepfake video to his Twitter account. Trump’s 80 million
followers saw an edited video of the famous speech from the 1996 movie “Independence Day,” only
with the faces of the characters being edited to reflect certain individuals in
politics and pop culture, namely with Trump’s face superimposed over Bill
Pullman’s face (but not his voice).
While this predictably led to outrage from various corners
of the internet, including
from Bill Pullman himself, the most common complaint seemed to be “isn’t
this copyright infringement?” The answer to this question, as always, is: well,
Trump is unlikely to have acquired permission to use this
clip from Disney,
including any right to create or share derivative works, but
whether or not Trump’s uses constitute copyright infringement is not an easy
answer. Copyright is not absolute. There are always defenses to allegations of
infringement. Trump could assert the defense of fair use, specifically the
right to use the work as part of a parody – which the Supreme Court has held is
a fair use of copyright.
If this use is considered a parody, legal precedent holds
that Trump did not infringe any copyrights. What if Trump’s use is instead
considered satire? Yes, there is a difference between “parody” and “satire” and
these distinctions are significant in a copyright fair use analysis.
Even in the midst of a pandemic and an unofficial national
lockdown, people still have to eat. With outings to the local restaurant and trips
to the grocery store being potentially risky, food delivery services have
become an essential part of American life in 2020. For large-scale service
providers like Grubhub, it has been a relative goldmine for business.
But is Grubhub scamming us all? On May 15, 2020, BuzzFeed
reported that even if you seek to bypass Grubhub service fees by calling restaurants
directly, you may have been fooled by a bait-and-switch phone number. These restaurants
are still paying Grubhub for extra fees.
How is this legal? More specifically, is this a violation of
the Lanham Act for false advertising or customer confusion and deception?
… and your own concert
video recordings on YouTube could be infringing, too
Prince has been gone for nearly four years. But his presence
still looms large over copyright law. Even in death, Prince’s estate continues
to keep a watchful eye over potential infringers of his musical works. The
latest dispute is a potentially haunting restriction of a popular feature on
YouTube: people posting video clips of live performances. On January 6, 2020,
the federal district court in Massachusetts determined
that Prince’s estate has the sole right to distribute video clips of his live performances
and that uploading certain song clips to a YouTube channel may even constitute
This case presents a multitude of legal issues to assess. Additionally,
this ruling leaves a potential to a technology-based philosophical conundrum for
future copyright cases as they intersect with YouTube style sites. I have a
YouTube channel. On this channel I have posted covers of songs that I play on
guitar. My videos are nothing fancy, but this recent case and others like it
have determined that these videos can actually be infringing works. This
article will try to address these legal landmines while exploring any
possibility for copyright law as it exists today to be reconciled with how
these personal camera-phone videos are treated by the law.