Has Spotify got any credibility left after the Covid-19 misinformation, paying the Sussexes millions for a single podcast in two years, and then having to fork out to get some return on their investment? What did they get? A lousy little promotional trailer that apparently has content that breaches the copyright of the creator, Tom Leykis. He is an American radio talk show host, whose voice is distinctive according to some Americans.
Leykis claims that the use of the content without his permission is copyright infringement, and cannot be deemed to be fair use. Fair use is when content is used for research purposes, in order to review, comment, and critique work, or it can be used as parody, but each use must be obvious, and any critique must be attributed to the specific work used. Did the Spotify promotional trailer meet those standards? Was all the material used quoted in context and appropriately? https://www.copyright.gov/fair-use/more-info.html
In my opinion, it didn’t meet the standard of fair use because it was a promotional trailer that is commercial, and the material was not directly discussed or critiqued but was part of a montage which could be misleading. Was the quote distributed out of context, was the quote directly discussed, and what was the intent of the copyright infringement (was if fair or intended to harm the person?). Was permission sought from the sources? According to Leykis, no permission had been sought prior to the release of the promotional trailer. It is clear that the series seemed to have been cobbled together without much thought, and on a topic that was relevant 50 odd years ago, but not today. Leykis may have a case for copyright infringement as he has a distinctive voice that he is renowned for, and if the quote was distributed out of context, he might deem it defamatory and harmful to his reputation as well.
Harry’s legal team were recently reprimanded for breaching the terms of an embargoed draft judgment in a court of law, where the lawyer claimed that they didn’t think it was a breach. Later, it was admitted that the legal team had to consider the status of the party they shared the document with. Therefore, by having to consider whether Tim Robinson should receive a copy of the draft judgment( a partner at Schillings who is not a qualified lawyer), they had admitted that they had doubts already as to whether he was entitled to see the embargoed document.
Mr Justice Swift, swiftly corrected Harry’s lawyer and informed them that it was a breach, and reprimanded them further for failing to apologize, and for failing to inform the court of the breach a week after the incident.
The Sussexes ~ they leech, preach, and breach.
