Last summer I had a law student named Sosumi. Really. This summer As a non-lawyer, I am the first to admit when my ignorance matches my Like most educators I habitually claim blanket absolution in the Fair |
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From US Code TITLE 17 >CHAPTER 1 > Sec. 107. In determining whether the use made of a work in any particular case is (1) the purpose and character of the use, including whether such use is |
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[my blog is 100 % non-commercial. No ads, hosted on an edu server. In addition, I use it regularly to communicate with my students, collect comments, post assignments, arguments and links to articles and law blogs] |
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(2) the nature of the copyrighted work;
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[this is my main area of current concern, and a five-part hypothetical is posed below concerning a variety of work natures] |
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(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
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[I have a few questions about this one, too. Mainly, if I take 98% of an article from a copyright protected publication like a newspaper, which includes several hundred articles, does that count as 98% of the copyrighted work or 0.5%?] |
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(4) the effect of the use upon the potential market for or value of the copyrighted work.
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[I feel fairly confident on number 4 as well, as the idea that any supposed readers of my blog would refrain from purchasing the original sources of any of my stories after reading the Dowbrigade is, frankly, ludicrous.] Now, returning to number 2, please check out this hypothetical concerning Q: What would be the hypothetical liability of an innocent (until proven [Before going any further with these examples let me categorically state A: Copying the lead paragraph of a newspaper article from a public access B: Copying significant portions, with commentary, of a subscription-based C: Copying and linking to an article in a for-pay subscription publication D: Copying a photo from a news source like MSNBC. Copying a photo from E: Publicly available documents like Press Releases, court records or financial I would really be interested in what people who know more about this stuff |
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I’ve written a very similar post on my blog about how copyright & fair use affect & apply to bloggers.
I am an admirer of the free culture movement & wish it would do more to incorporate the blogging movement into its considerations of copyright & fair use. In my blog, I quote extensively from copyright online news sources. Many bloggers do this or something like it in their blogs. But we are clearly open to accusations of infringement from copyright owners.
I’ve written a few blog posts on this subject which you may find of interest:
http://www.richardsilverstein.com/tikun_olam/2004/03/calling_all_blo.html (Committee for Economic Development: Redefining Digital Intellectual Property and Online Copyright)
http://www.richardsilverstein.com/tikun_olam/2004/03/online_copyrigh.html (Calling All Bloggers: Fair Use as a Protection from Copyright Infringement)
http://www.richardsilverstein.com/tikun_olam/2004/02/blogging_copyri.html (Blogging, Copyright & Fair Use)
Keep up the good writing on yr. blog!
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