While the First Amendment preserves the non-exclusive right to express political speech, the Copyright Act preserves the exclusive right to use one’s fixed ' expressions of political speech. Id. (stating that “[c]opyright laws are not restrictions on freedom of speech as copyright protects only form of expression and not the ideas expressed.”) (internal citations and quotations omitted). Therefore, Plaintiff Galvin’s exclusive right to use his Photograph (under the Copyright Act) can coexist with Defendants’ right to criticize Mr. Yingling’s policies (under thé First Amendment). Contrary to the Defendants’ intimation, the nature of the Flyer as. political criticism does not in and of itself override the copyright protection accorded to the Photograph. See id. at 557, 105 S.Ct. 2218 (<HOLDING>) (internal citations and quotations omitted).
holding that the application of the fair use doctrine at the pleading stage is appropriate holding that the fair use doctrine is not a license for corporate theft empowering a court to ignore a copyright whenever it determines the underlying work contains material of possible public important holding that where some radio scripts from aradio show had entered the public domain and others were protected by copyright plaintiff was entitled to use the public domain material without a license holding that the more transformative the new work the more likely the use of the old work is a fair one holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply