http://www.techdirt.com/articles/20100721/15284610310.shtml
If this does goes to trial, then it would be something quite crucial to internet reviewers around the internet or Mr. Wiseau has a right to excercise protection over the content he created?
the current copyright "fight" that is going on between Tommy Wiseau and "The Nostalgia Critic," an online movie critic, whose real name is Doug Walker, who does video reviews of older movies
First off, there's Tommy Wiseau, a guy whose claim to fame appears to be that he's made what's considered to be one of the worst movies ever made, The Room. It's been referred to as "The Citizen Kane of bad movies." It's one of those movies That is so bad that it's become a sort of cult classic for people to watch and laugh at.
Walker claims that his review was clearly fair use because it's a review, and also covered by the "satire/parody clause." He then goes on to mock the person who emailed him, who apparently was Wiseau himself using an alter ego.
Honestly, looking over the details that are available, I have two thoughts: the first is that this is not a clear cut case of fair use, as Walker suggests (even if it should be). The second, is that even if it's not fair use, Wiseau probably shouldn't have made the copyright claim... though, one could argue that it'll only act as greater publicity for his movie.
On that first one. Just saying it's a "review" doesn't automatically give you fair use rights. And there's no fair use for "satire," only parody -- and it's not clear that the review is actually a parody (or, for that matter, satire). Going through the four factors for fair use... you could make an argument either way as to whether or not it currently is fair use. It would really depend on the judge, and I'd actually guess that the sheer amount of the movie that is used would probably tilt the scales against fair use.
If this does goes to trial, then it would be something quite crucial to internet reviewers around the internet or Mr. Wiseau has a right to excercise protection over the content he created?