Letterman Clip: Not Fair Use Parody…Or Is It?
I’ve been having a terrific online banter with Brian Newman regarding the use of a David Letterman clip in a recent film. Brian’s last observation was extremely astute, and got me thinking. The essential issue is whether the use of that clip constitutes a Fair Use under Section 107 of the Copyright Act and relevant case law.
In making his most recent argument, Brian relies pretty heavily on