Wednesday, August 17, 2011

I bet yellow makes Professor Bankhead sad.

Looks like a former Democratic candidate likes to handle criticism the Farm Bureau way. Ole Miss Political Science Professor and Lawyer Jordan Bankhead didn't like it when the right-wing site Firemccoy.com quoted some passages from Mr. Bankhead's website. Mr. Bankhead was a candidate in Mississippi House District #10 this year. In fact, Mr. Bankhead sent the following email to Firemccoy.com:

From: Jordan Bankhead
Date: Mon, 15 Aug 2011
To: Frank Corder
Subject: Copyright Infringement

Dear Sir,

Please remove the blog post at

http://firemccoy.com/2011/07/06/jordan-bankhead-a-california-liberal-in-conservative-mississippi-hd-10/

If you do not remove the blog post within 3 days I will file suit for copyright infringement as you have copied sections of my website at www.bankheadlaw.com.

Let me know if you have any questions.

Jordan Bankhead
Bankhead Law Firm/BC Real Estate LLC
Attorney/Broker
1124 North Lamar B


Well Professor Dickhead, perhaps I should school you on fair use law. I will simply post my reply to Farm Bureau over the same issue last year:

Federal law states:

"the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." 17 U.S.C. 107

The Mississippi Code, you know, state law, further affirms this use of copyrights or trademarks if used in criticism, comments, or news reporting:

"(d) The following shall not be actionable under this section:
1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2) Noncommercial use of the mark; and
(3) All forms of news reporting and news commentary."

Mississippi Code Section 75-25-25

The American Bar Association has even weighed in on this subject:
"The fair use of copyrighted works for purposes such as criticism or comment is not an infringement of copyright. See 17 U.S.C. § 107. The idea of fair use
reflects copyright law’s careful consideration of First Amendment principles, as fair use permits later authors “to use a previous author’s copyright to introduce new ideas or concepts to the public.SunTrust Bank v. Houghton Mifflin Co., 268 F.3d 1257, 1265 (11th Cir. 2001).....

The Supreme Court has unequivocally held that a parody may qualify as fair use
under § 107. According to the Court, a parody is the “use of some elements of a prior author’s composition to create a new one that, at least in part, comments on that author’s works.” Id. at 580. Like other forms of comment or criticism, parody can provide social benefit, “by shedding light on an earlier work, and, in the process, creating a new one.” Id. In other words, parodies can be considered “transformative” works, as opposed to merely “superseding” works.... ABA paper

And by the way Professor Dickhead, feel free to file suit against this website for the same alleged offense. I'll be more than happy to file a bar complaint against you as well as an application for sanctions in the court you file.

13 comments:

Anonymous said...

Is he in private practice or is he, as you say, an Ole Miss law professor. In the latter case his work product was paid for by the state of MS. This is a murky area of law.

Anonymous said...

Work product? Bull shit. Frivolous and mean spirited. Can't take the heat.

Just wow. He didn't think that one through. He went and every time someone searches his name now, his email comes up and the crap he espouses without truly understanding "fair use doctrine". Unbelievable! And a professor to boot!

Anonymous said...

@9:09 The work for hire exception specifies "a work prepared by an employee within the scope of his or her employment" and has absolutely nothing to do with his website for a private law practice. Nothing murky about it.

Delta

http://www.copyright.gov/circs/circ09.pdf

Anonymous said...

That doesn't answer the question - was this something he prepared on the taxpayers' dime, or did he do it in his provate practice? His web site may well be his private domain, and I think KF has addressed the fair use exception adequately if that is the case. If it is part of his state job, however, then he is really off the wall in his objections.

Anonymous said...

I wonder if he took a leave of absence to run for the office. He is a full time teacher at law school. You know ole miss gets federal funds!!!!

Anonymous said...

With all due respect, Kingfish, a bar complaint as a threat is inappropriate. Rule 11 sanctions or using the MS. Litigation Accountability Act is acceptable. I'm curious what your grounds would be for the bar complaint.

Anonymous said...

regular reader and UM law student here.......Bankhead's not a prof at the law school, he's a poli sci prof

Anonymous said...

Bwahaahahahah

Kingfish said...

as a threat you are right. If he actually does it though, nothing to stop me from doing it and you know it.

Anonymous said...

Yeah, nothing to stop you. So I guess that gives you a license to abuse the process. But legitimate bar complaints aren't handled properly. So your bs, frivolous, complaint will likely be ignored or dismissed quickly.

You still didn't give me your grounds for filing a bar complaint. If being an idiot, like this guy seems to be, is grounds, we would clean out half the bar. But it is not, so we still deal with the stupidity.

In all seriousness, love this website, but threatening a bar complaint hurts your credibility with me. (Not that you ever cared about anonymous posters). I read somewhere you went to law school, so you know better. And I think most lawyers that look at this site would agree threatening a bar complaint is not appropriate. To me, it is almost the equivalent of threatening criminal prosecution in a civil action. Almost, but not quite.

By the way, "Professor Dickhead" is really funny.

Anonymous said...

Kingfish ... you're acting like the dickhead now. Please get back to reporting REAL news.

Anonymous said...

I believe that threatening a bar complaint is inappropriate (an ethical violation) for someone who is a member of the MS Bar. Anyone who is not a member of the MS Bar can threaten all the bar complaints they want and obviously are not subject to the MS Rules of Prof. Conduct. So, Kingfish: you go, girl!

Shadowfax said...

Dickheads seem to abound, as evidenced herein, and most are not professors.

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