OTHER VIEWS: Editorial excerpts from other newspapers Jul 30, 2008
the fuzzy mini-movie was a clear example of "fair use" -- a limitation in federal copyright law that allows copyrighted material to be used in news reports, commentaries, educational materials, parodies and some noncommercial contexts. -- Los Angeles Times, Friday, July 25. (Fresno Bee -- Opinion)
Dead author's estate snatches child's domain Jul 26, 2008
The WIPO rules state that someone can have rights in a term if it is making "a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue". Saville-Smith argued that the planned use of the domain name as the basis for an email address for her son was a legitimate non-commercial use, but the WIPO ruling said that the only precedent for an email address counting as fair use was... (Register)
SF Radio Host Draws Ire Of Autism, Muslim Communities Jul 26, 2008
U.S. District Judge Susan Illston said the posting of the audio clip was protected by the First Amendment free-speech doctrine of fair use because it was used for purposes of criticism and commentary. Illston wrote that the group, known as CAIR, "used the audio excerpts to comment on and rebut derogatory statements regarding their organization and their religious affiliations.". (NBC 11, CA)
The Fair Use Doctrine Jul 23, 2008
Fair use principles dictate when it's legal. Though copyright laws are generally strict in the U.S., Europe and Canada, the U.S. does have a loophole called fair use ... In at least one case, the U.S. Supreme Court had to sort out whether fair use or copyright infringement had occurred. (Suite101.com)
Universal: "Fair use" is still infringing Jul 22, 2008
Universal: "Fair use" is still infringing ... But Universal told a judge this week that, even though the clip may in fact be "fair use," it was still "infringement" and therefore the initial takedown notice was made in good faith ... "I don't think 'fair use' qualifies," Universal's lawyer responded. (Ars Technica)
The ethics of stealing Jul 22, 2008
I will also admit that, as a former employee of the Temple University English Department, I looked the other way a few times while staff and students pushed the limits of the Fair Use Doctrine. I'm interested in what readers feel about copyright infringement when it comes to textbooks. (Winona Daily News, MN)
Mother Stands Up To The Big Bad Music Industry, Prince Jul 21, 2008
She fought back and won, arguing that the video was protected under the Digital Millenium Copyright Act, and the Fair Use provision in copyright law. She filed a lawsuit against Universal Music Group, who has since droppec the claim against the video. (ChattahBox)
"Tabletop" Fusion Researcher Committed Scientific Misconduct Jul 21, 2008
In fact, even if he used the author's actual graphs and tables (which may be copyrighted), it is not so obvious that he actually broke copyright laws -- scientific use (with attribution) may very well come under the defense of fair use. We are seeing here the results of the propaganda campaign to extend copyright beyond all bounds. (Slashdot)
Mom fights music giant over DMCA takedown notice Jul 20, 2008
The EFF says "that companies such as Universal have an obligation to investigate and evaluate a video such as Lenz's before firing off the threatening letters." Lenz and the EFF believe the video is in "fair use" of the song but Universal believes the opposite and also feels it would "be unfair to artists and media companies to them to undertake lengthy inquiries before asserting copyright violations." "The copyright owner is arguing that this is infringing; Lenz says it is fair use," Mark... (Afterdawn.com)
Schwab returns to 'familiar territory' Jul 20, 2008
Sunday July 20, 2008. Web Search powered by YAHOO. (Mason City Globe-Gazette, IO)
Serious YouTube test of copyright law Jul 19, 2008
The issue in Stephanie Lenz's lawsuit against Universal is whether the owner of the rights to a creative work that's being used without permission can order the Web host to remove it without first considering whether the infringement was actually a legal fair use - a small or innocuous replication that couldn't affect the market for the original work. Lenz's lawyers, from the Electronic Frontier Foundation, say her 29-second video, with fuzzy camerawork and unclear sound, was such an obvious... (San Francisco Chronicle)
MTV isn't being evil.... Google, on the other hand. Jul 18, 2008
They are trying to claim, however, that everyone who watched the Daily Show on youtube, had they not had access to a free version, would have paid to watch it, either through advertising-sponsored clips online, or the purchase of a DVD. The reality is that the vast majority of viewers of Viacom's content would not have otherwise seen it at all (not to mention the majority are 5-second snippets that can be considered fair use depending on where they are embedded in a website). In fact, many of my... (BusinessWeek)
eBay's Online Trademark Victory over Tiffany Jul 17, 2008
The law allowed eBay s fair use of the Tiffany name to describe goods generally available on the site in ads, keywords, and metatags. The judge emphasized that alternatives to the use of the mark would not work well: describing it as silver jewelry from a prestigious New York company where Audrey Hepburn once liked to breakfast. (eSecurityPlanet)
Tiffany Fails to Prove eBay Contributed to Mark Violation Jul 15, 2008
and Google is a "protected, nominative fair use of the marks.". On the more difficult question of contributory trademark infringement, the judge said the standard was not whether eBay could reasonably anticipate infringement by people selling Tiffany knock-offs on its site. (Law.com)
Mexican President attends Group of Five Meeting in Japan Jul 14, 2008
FAIR USE NOTICE: In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving such material(s) for informational, research and educational purposes. As such, we believe that this constitutes a "fair use" of any such copyrighted material as provided for in Section 107 of the U.S. Copyright Law. (Mexidata.info)
Getty Images to Select Flickr Photos for Licensing Jul 13, 2008
The bad news is that they do anyway; that consumer-oriented concepts like Fair Use hardly apply; and that the impact of using an image from Flickr in a magazine ad or on a roadside billboard without authorization is far greater than that of personal use. Oh, and photographers can't make a living from touring or selling "merch.". (eSecurityPlanet)
Environmentalists are turning into religious zealots Jul 13, 2008
"And, he accusing me of being "smarter than all the rest of us" because I said that people against the reality of global warming are frauds.To the contrary, I think I said that the sites he's bringing up are frauds. In particular, "Global Warming Hoax" is a fraud. I think I'm entitled to say that because that site takes maps from the "National Snow and Ice Data Center, University of Colorado" and perverts them to say what they don't say. The NSIDC clearly says that global warming is really... (Waterloo-Cedar Falls Courier)
Of Course the Government Cares About Your Privacy Jul 13, 2008
Disclosure, access, fair use and transparency should be at the basis for privacy (it should be similar to FCRA- Fair Credit Reporting Act). Or just a simple privacy disclosure box vs a 30+ page T.O.S. My ideas before the 102nd Congress (). (GigaOm)
The lives of others Jul 7, 2008
He can explicate a thorny issue like fair use, examining the parameters of the issue with reference to multiple contemporary instances of violation and exoneration. Like Hamilton, Rollyson will use his own experience as illustration, but less to illuminate and more with a sub-agenda of setting the record straight and doing some self-congratulation along the way. (Boston Globe)
ACAP and PLUS Join Forces Jul 4, 2008
With ACAP, publishers are attempting to replace the processes of negotiating ad-hoc licensing deals with search engines and litigation over ambiguous legal concepts like Fair Use and Fair Dealing with a scalable, automatable, and predictable means of licensing rights to their content. ACAP is designed as a superset of the existing REP (Robots Exclusion Protocol) for indicating to search engines when a web page owner does not want the page indexed. (eSecurityPlanet)
Viacom vs. YouTube: Beyond Privacy Jul 4, 2008
In the past, YouTube and Google could make a "fair use" legal argument because YouTube typically shows clips not whole episodes. But now, content creators are trying to make money from appending ads to roughly the same clips and distributing them on their own online networks. (BusinessWeek)
More Firms Pull Asian IPOs As Market Slides Jul 3, 2008
Such works are used under the fair use doctrine of United States copyright law. Should any materials be found overused or objectionable to the copyright holder, notification should be sent to editor@freeinternetpress. (Free Internet Press, NY)
"La Dolce Vita" in old age Jun 28, 2008
Beyond the Multiplex - Salon. Saturday, Jun 28, 2008. (Salon)
Clinic is quite a rush Jun 27, 2008
"I told Garry that Hunter would sometimes flair up over 'Doonesbury,' and I'd have to explain to him about fair use and parody," said Tobia. "It was interesting to be at the movie with [Trudeau] because he and Hunter are inextricably linked." In addition to Tobia, who's thanked in the film, VIPs at the premiere included Meg Ryan, Tom Wolfe, Vanity Fair's Graydon Carter, who produced the film, Rolling Stone founder Jann Wenner, Candice Bergen, and NBC's Brian Williams. (Boston Globe)
Lil Wayne, Kanye West And LL Cool J Fly Girl Talk's Friendly Skies, Unknowingly, In Bigger Than The Sound Jun 26, 2008
Because while other so-called mash-up artists have either left the genre behind them (Danger Mouse) or all but disappeared from the face of the earth (the Freelance Hellraiser), Gillis who, it should be noted, does not consider himself a mash-up artist, despite evidence to the contrary is still at it, sampling with reckless abandon, releasing albums with "pay what you feel" pricing schemes (as Animals was last week) and using the concept of "fair use" to shield himself from any pesky copyright... (VHI.com -- Music News)
In new album's wake, is Girl Talk a musician? Jun 25, 2008
My favorite review of Night Ripper said that it was the illegal equivalent of standing on a street corner smoking crack and wearing a signboard that says, "Hey, I'm smoking crack." However, Fair Use law - which allows the use of other people's material under certain conditions - allows Gillis to continue his art. He may not be a criminal, but is he a musician. (Daily Iowan, IA)
Let them eat cake Jun 24, 2008
ISPs are trying to deal with the problem by selling "capped" internet connections with extra charges, by throttling bandwidth, by blocking file download sites, and by trying to enforce "fair use" policies. Consumers may end up paying by the megabyte. (Sydney Morning Herald -- Technology)
AP, blogger resolve dispute over copyright Jun 24, 2008
Cadenhead highlighted the disagreement in his personal blog, , and prominent bloggers rallied behind him, saying the posts in question were protected under the "fair use" provision of copyright law ... The AP's plan for such guidelines was met with new criticism from some bloggers, who said it was an attempt by the AP to create its own legal definition of what constitutes "fair use" of copyright material ... "I think it would be helpful for bloggers and users of social news sites to know what... (MSNBC -- Technology)
A story of the AP, bloggers, journalists, and insurance Jun 23, 2008
Cox was explicit in his blog, saying the only purpose of his meeting with Kennedy was "to sort out what to do about the outstanding DMCA Take Down Notices" -- not to devise some scheme for charging bloggers per word, not to assist the AP in coming up with any sort of guidelines for fair use in blogs. The MBA did offer to help by assisting the AP in the promotion of any blogger guidelines the media group would eventually create. (BetaNews)
Harvest of Injustice: The Oppression of Migrant Workers on ... Jun 23, 2008
We are making such material available to our readers under the provisions of "fair use" in an effort to advance a better understanding of political, economic and social issues ... If you wish to use copyrighted material for purposes other than "fair use" you must request permission from the copyright owner. (Center for Research on Globalization)
Drudge Retort's Retort To AP: Personal Issue Resolved But 'Larger ... Jun 21, 2008
-- "I'm glad that my personal legal dispute with the AP is resolved, thanks to the help of the Media Bloggers Association, but it does nothing to resolve the larger conflict between how AP interprets fair use and how thousands of people are sharing news on the web. You could probably guess that by the lack of detail in AP's statement.". -- "On a social news site that's still manageable in size, like the 8,500-member Drudge Retort, it's possible to steer bloggers away from potential conflicts... (Washington Post)
AP's Use of Text Fingerprinting Stirs Blogosphere Controversy Jun 20, 2008
The ensuing fallout was drearily predictable: an outcry in the blogosphere; statements from the AP's head of strategy about the AP's desire to make peace with bloggers and the importance of blogs; responses to those statements accusing the AP of being patronizing and hypocritical; pontifications from copyleft legal scholars about Fair Use ... Regarding the UGC Principles, copyleft legal experts actually acknowledged the need for an for fair use when evaluating content filtering and takedown... (eSecurityPlanet)
AP vs. The Bloggers: A Portentious Sideshow Jun 19, 2008
The AP can decide that its interpretation of fair use is too restrictive and find an accommodation that lets bloggers do what they do, which includes driving a lot of traffic to the source ... Bloggers can abide by a conservative interpretation of fair use by re-writing headlines and news blurbs because the news itself cannot be copyrighted. (Wired News)
China Trains Antitrust Crosshairs On Microsoft Jun 19, 2008
The Associated Press wants to charge bloggers and others for excerpting its content, and the battle over what constitutes fair use online is only just beginning to heat up. International Partners: | | | | | ADVERTISEMENT. (CRN)
AP takes on blogosphere sort of Jun 19, 2008
rang like a shot across the bow of fair use, especially after an AP spokesperson announced that, from here on out, the news agency would take action against blogs, when we feel the use is more reproduction than reference, or when others are encouraged to cut and paste ... On the one hand, theres the sensible legal condition summed up by Hansell in the Times article: "One important legal test of whether an excerpt exceeds fair use is if it causes financial harm to the copyright owner.". (MSNBC -- Technology)
So what's in thenew copyright bill? Jun 18, 2008
Among other things, the DMCA is unclear about the concept of "fair use," which Canada calls "fair dealing," which allows use of content for purposes such as satire. To figure out what's in the bill the good as well as the bad we've asked University of Ottawa law professor Jeremy deBeer to discuss it with our readers on Wednesday, June 18, from 12 p.m. to 1 p.m. Join us then or. (Globe and Mail)
The AP, Hot News and Hotheaded Blogs Jun 17, 2008
When I spoke to Mr. Cadenhead on Friday, he complained that the Associated Press wasn t even offering its own definition for what would be fair use of its articles ... Some bloggers have complained that the A.P. is not in a position to dictate what the rules of fair use should be ... A lot of bloggers ARE careful about fair use. (New York Times)
AP plans guidelines on how much Web sites can copy Jun 17, 2008
The effort to impose some guidelines on the freewheeling blogosphere, where extensive quoting and even copying of entire news articles is common, may offer a prominent definition of the important but vague doctrine of "fair use," which holds that copyright owners cannot ban others from using small bits of their works under some circumstances ... Fair use has become an essential concept to many bloggers, who often quote portions of articles before discussing them. (International Herald Tribune)
It's AP newswire vs. the Internet Jun 17, 2008
Cadenhead says he believes that the short excerpts, which are linked to the original article -- effectively the same thing that Google News does -- constitute "fair use" and are therefore exempt from copyright rules. The AP disagrees, however, judging by the comments made in a letter to Cadenhead, in which the agency's lawyer said: "Please note that contrary to your assertion, AP considers that the Drudge Retort users' use of AP content does not fall within the parameters of fair use. The use is... (Globe and Mail -- Technology)
The secret to success in U.S. publishing: Bash Bush, with nods to a classic Jun 17, 2008
" That book, from 2004, prompted the owner of the rights to the classic "Dick and Jane" primers to sue in 2005, alleging copyright and trademark infringement. The publisher of "Goodnight Bush" is counting on the fair use doctrine, which allows limited amounts of copyrighted material to be used without permission. "Parody as fair use is a developing area of the law," said Pamela Golinski, an entertainment lawyer in New York, "and as a result, whether a given parody merits the shield of the fair... (International Herald Tribune -- Arts)
Monday roundup: Hulk vs. Shakespeare Jun 17, 2008
Thompson quotes a New York Times story about the dispute and asks acridly, "Am I quoting more than I should here? Is this fair use? Or am I infringing on the NYT's livelihood? Is this OK because I am commenting on the story, as opposed to just posting it?". Back on the movie beat, "Incredible Hulk" director Louis Leterrier tells the there are too many superhero movies, adding, "at one point they're probably going to get boring." Really, Louis. (Salon)
Canada Warming Up Its Own DMCA Jun 16, 2008
For instance, Canada has never, legally speaking, had fair use, but rather the stricter concept of fair dealing. However, Bill C-61 enshrines the right of an individual to make personal copies of copyrighted works to digital devices, so long as only one copy is made per device. (PC World)
Errol Morris profile appreciated Jun 16, 2008
Given the computer/DVD connections now available, we can have our 90-year-old Aunt Cleo in the same scene with Ginger and Fred singing "The Way You Look Tonight." Fair use. And I've figured out a way to live without the Interrotron. (San Francisco Chronicle)
Copyright bill: All ours, or a DMCA copy? Jun 13, 2008
We're talking about loss of rights (fair use) here, not about being the Entitlement Generation. The format of the music or video should be fluid - that is, you buy a lifetime license to the entertainment. (Globe and Mail)
News Bytes of the Week--Yoko says oh no to Expelled Jun 7, 2008
Joining Ono in the lawsuit against Premise Media Corporation; C&S Production, LP; and Rocky Mountain Pictures: Lennon's sons, Julian and Sean, and publisher EMI Blackwood Music, Inc. A federal judge in Manhattan this week nixed the complaint citing the "fair use" doctrine, which allows the use of copyrighted materials for the purposes of. Can the two sides work it out. (Scientific American)
Celebrity Gossip Online Jun 7, 2008
The fair use doctrine spells out these circumstances, but whether a blog or other website actually fits the criteria often requires legal interpretation. Despite the legal dangers, celebrity gossip is still an enormous, and growing, industry. (Suite101.com)
US youngest Medal of Honor winner fighting cancer Jun 6, 2008
We believe this constitutes a 'fair use' of any such copyrighted material. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. (Mathaba.Net)
Ono loses Lennon song legal bid Jun 4, 2008
But US District Judge Sidney Stein found in favour of the film-makers based on a "fair use" doctrine. Ono said they planned to appeal against the decision. (BBC News -- Entertainment)
Daniel Radcliffe, Brad Pitt, Amy Winehouse Jun 4, 2008
A federal judge decided that the filmmakers were protected under the "fair use" doctrine, which permits use of small parts of a copyrighted work. The film opened in the United States in April and is scheduled to be released in Canada on Friday. (International Herald Tribune -- Arts)
Buzz Briefs: Kelsey Grammer, Jonas Bros. Jun 3, 2008
In a decision Monday, federal Judge Sidney Stein says the filmmakers are protected under the "fair use" doctrine. That permits small parts of a copyrighted work to be used without an author's permission under certain circumstances. (CBS News)
Yoko Ono loses bid to bar use of "Imagine" in film Jun 3, 2008
But on Monday U.S. District Judge Sidney Stein found in favor of the filmmakers based on a "fair use" doctrine. "That doctrine provides that the fair use of a copyrighted work for purposes of criticism and commentary is not an infringement of copyright," the judge said. (Reuters)
Lennon Family Loses Bid to Block Use of 'Imagine' Excerpt in Film Jun 3, 2008
Southern District of New York Judge Sidney Stein ruled Monday that the producers of the movie "Expelled: No Intelligence Allowed" were protected by the fair use doctrine in playing a 15-second excerpt from the song ... Monday, Stein said the plaintiffs could not show they were likely to defeat the fair use defense, which, under 17 U.S.C. 107, protects the use of copyrighted material by the non-owner "for purposes such as criticism, comment, news reporting, teaching ... scholarship or research."... (Law.com)
Anti-evolution film can use John Lennon song Jun 3, 2008
U.S. District Judge Sidney Stein ruled that if the case went to court, the filmmakers would probably win under the fair use doctrine. "That doctrine provides that the fair use of a copyrighted work for the purposes of criticism and commentary is not an infringement of copyright," Stein wrote in his decision in Manhattan federal court. (MSNBC -- Technology)
Stanford Law School's Fair Use Project: Yoko Ono's Injunction Against ''Expelled'' Producers Denied Jun 3, 2008
--(BUSINESS WIRE)--The Fair Use Project of Stanford Law Schools Center for Internet and Society today announced that Yoko Onos attempt to enjoin Premise Medias documentary, Expelled: No Intelligence Allowed, has been denied ... The Fair Use Project is representing Premise Media and the other defendants in the case pro bono, along with the national law firm Locke Lord Bissell & Liddell LLP. ... In holding that Premise Media is likely to prevail under copyrights fair use... (Yahoo! Wire -- Entertainment News)
Starting with a clean slate Jun 2, 2008
Commenting is open from 8 a.m. to 5 p.m. M-F. Access Atlanta Blogs. (Atlanta Journal-Constitution -- Sports)
Character Attacks: How to Properly Apply the Ad Hominem May 30, 2008
A new theory parses fair from unfair uses of personal criticism in rhetoric ... Good or fair uses of ad hominem critiques should, in fact, persuade us, whereas unwarranted uses should not ... Fair Use What types of ad hominems might then be justified. (Scientific American)
Secure Your iPhone at the Border: New Laws Threaten Private Property May 29, 2008
Draconian variations on copyright laws would be enforced to ensure any regard to fair use is tossed out the window. Established in the landmark 1984 Supreme Court decision, Sony vs. Universal City, fair use protects copying material you already own for personal use. (GizmoRepublic)
Belgian Newspapers Tell Google To Pay Up May 28, 2008
The Brussels Court of First Instance ruled in February 2007 that Google could not call on exemptions to copyright law, such as claiming "fair use" for Google News' publication of press articles when it displays headlines, a few lines of text, photos and links to the original page. The company claims its Google News service is "entirely legal.". (CBS News)
404 for Microsoft's latest decision May 28, 2008
Google argued that the works fell under the category of fair use. Rightly or not, however, Google was pilloried as a bad actor in this novella. (CNET News.com)
READ UP: Catch up on Coffee Breaks May 23, 2008
Techdirt-- is weighing in on JK Rowling's fair use lawsuit against a fan. C|NET-- locates your favorite beer at NYC bars with Google Maps. (USA Today -- Tech)
Jail for boy-band maker May 22, 2008
But they argue they are protected by the "fair use" doctrine, which permits small parts of a copyrighted work to be used without permission under certain circumstances. (AP). (Boston Globe)
Yoko blocks use of Imagine May 22, 2008
But they argue they are protected by the "fair use" doctrine, which permits small parts of a copyrighted work to be used without an author's permission under certain circumstances. The case is similar to one brought by author J.K. Rowling to stop publication of a Harry Potter encyclopedia by the creator of a Web site dedicated to her popular children's books. (The Palm Beach Post)
If pollinators disappear, so too will many species of plants. If we take away one link, the chain is broken." May 20, 2008
The ninth conference of the UN Convention on Biological Diversity, held in Bonn, has brought together 4,000 delegates from 191 countries committed to trying to promote fair use of the world's natural resources and protect endangered plants and animals. Officials will review goals set at the 2002 UN Earth Summit, which called for slowing the loss of biological diversity by 2010 - a target some say is out of reach given a growing human population, rising pollution and climate change. (International Herald Tribune)
Webutuck sixth-graders showcase their 'Internet Smarts' for officials May 16, 2008
Vincent Liebell (R,C,I-Patterson), Assemblyman Marcus Molinaro (R,C,I-Tivoli), and Amenia Deputy Town Supervisor Victoria Perotti were in attendance to participate in the student's discussion of online safety topics, such as cyber-Bullying and copyright and fair use laws. The purpose of the Power to Learn program is to help students become Internet savvy, teaching them about proper Internet use and the danger that access to personal information can pose. (Henrietta Post, NY)
Creative answers for local music scene May 13, 2008
It all came down to a companys philosophy or policy to encourage fair use of content to benefit artistes and consumers alike. That was Popfolio Sdn Bhd co-founder and composer/producer Hardesh Singhs winning slogan which enabled him to become the Malaysian finalist of British Councils International Young Music Entrepreneur (IYME) Award 2008. (The Star Online, Malaysia)
