Fair use for me, not for thee

We already laughed at the discredited and much-ridiculed 'Expelled' when Freepers tried to claim Netflix was part of a conspiracy to censor it. (They were too dumb to realize Netflix doesn't carry films that are brand new.) Now there's a whole new vista for us to expose the film's fartpipery.

As you may know, there's something encrusted in copyright law called fair use. If you're creating a new work, it's legal to use limited portions of copyrighted works without gaining permission from the copyright holder. This doctrine is quite broad.

There's a fine line between fair use and plagiarism - which conservatives cross regularly. At the same time, they scream "copyright infringement!" over detractors using their materials in ways that fair use protects.

In short, they believe in "fair use for me, not for thee." A case involving 'Expelled' proves it.

Viewers of the movie are treated to the John Lennon tune "Imagine" being played over old black-and-white footage of a Stalin parade. The movie is trying to equate creationism critic PZ Myers with the Soviet dictator.

This comparison is absolutely idiotic. But the piece of the song is probably just short enough that its inclusion is protected under fair use. Yoko Ono and other members of John Lennon's family have gone to court to try to sort the issue out.

The real issue here is that the makers of 'Expelled' are claiming fair use, while their ideological allies have accused the other side of "copyright infringement" for much less.

How many entries have I posted here about some right-wing corporation or individual hiding under the DMCA or abusing copyright law? A few months back, a conservative law firm that represented infomercial scammers claimed a website was violating its copyright just by posting a cease-and-desist letter. If misusing a John Lennon song is protected, then posting a cease-and-desist letter damn sure is.

The hypocrisy never ceases.

(Source: http://arstechnica.com/news.ars/post/20080602-ben-stein-1-yoko-ono-0-in-expelled-copyright-spat.html)