What Are the Rules When Bloggers Use Video Excerpts and Photographs Without Permission?

FindLaw columnistJulie Hilden discusses two high-profile recent disputes concerning the "fair use" exception to copyright law. In the first, music company UMG challenged pundit and blogger Michelle Malkin's unauthorized use of excerpts from videos by and of its rap-music artist, Akon, in a podcast critical of Akon's behavior. Ultimately, UMG withdrew its request that YouTube, pursuant to the Digital Millennium Copyright Act (DMCA), de-post the Malkin podcast. In the second, photo agency X17 challenged blogger Perez Hilton's unauthorized use of its photos. X17 has sued; Hilton defends his use of the photos -- which he marks up with comments and drawings in white pen -- as satire, but Hilden explains why this defense is unlikely to persuade a court.

Hat tip to Mitchell H. Rubinstein, Adjunct Law Prof Blog. [JH]