Copyright Villians, the Edmonton Oilers
February 3, 2009
Last week, the Edmonton Oilers lost a game to the Buffalo Sabres by a score of 10-2.
So, having a little bit of fun, Fan 960, the radio home for the Calgary Flames decided to have a little fun and create a song to the tune of Lola using a few game audio clips.
I think if you look into the copyright implications, there is NOT any chance that the Oilers would have been able to stop this song if they had to take it to court.
In the US, fair use is determined by four factors. I think that all of them are met easily in this case. See Wikipedia for the factors.
In Canada, I think it may be even more clear cut. Fair dealing is determined from six factors. But “Quoting trivial amounts may alone sufficiently establish fair dealing.” I think using a few seconds of a 2.5 hour broadcast would qualify as trivial.
Fan 960 should have just said, “Take us to court.”
I think Pat LaForge (Oilers President) called Gary Bettman(NHL Commissioner) who called Ken King (Flames President) who called The Fan.
As an Oiler fan, I hated the game. But the best part of a rivalry with Calgary is being able to torment Flames fans when you have the opportunity. The Oilers should have left it alone. Instead the song is getting more airtime then it otherwise would have.
Like being posted on a technology blog from an Oilers fan. I want the right to post the song written about the Flames.
Thanks to mc79hockey for the heads up.


