Passport's Ethical Issues
Did Passport act ethically in including the Elvis Presley copyrighted material in its video?
2.Why do you think Passport video did so?
3.Has there been fair use in this case, or has there been copyright infringement?
Short Answers
No Passport did not act ethically including the Elvis Presley copyrighted material in its video.
Passport did so because they felt the material was fair use.
There has been copyright infringement in this case.
Statement of Facts
Fair use is the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
Passport Video produced a video documentary titled The Definitive Elvis, comprising sixteen one-hour episodes.
Approximately 5 to 10 percent of the videos were composed of copyrighted music and appearances of Presley on television and in movies owned by copyright holders other than Passport.
Passport did not obtain permission to use those copyrighted works.
Elvis Presley Enterprises, Inc., and other companies and individuals that owned copyrights to the Presley works used by Passport sued Passport for copyright infringement.
Passport defended, arguing that its use of the copyrighted materials was fair use.
The U.S. District
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The documentary was composed of interviews from people who were apart of his life, television appearances and movie appearances. Approximately 5 to 10 percent of the videos were composed of copyrighted material. Passport did not obtain permission to use those copyrighted works. Passport was sued for copy right infringement by Elvis Presley Enterprises, Inc., and other companies and individuals that owned copyrights to the Presley works. The U.S. District Court held in favor of the plaintiff and prohibited Passport from further distribution of its documentary
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