BlawgIT's introduction to "fair use"

By Kristopher Nelson in the Spring of 2009

Brett Trout has a useful introduction to “fair use” up on BlawgIT. The goal is to help you “spot the issues” and avoid some common urban legends, like:

“I am not making money on it; it’s fair use.”
“They should be happy with the free press.”
“I’m making them money, it’s fair use.”
“It didn’t have a copyright notice on it; it’s fair use.”

via Fair Use FAQ | BlawgIT.

Recommended reading for anyone who cites, quotes, or reuses other’s work – which is pretty much everyone these days.

Remix Culture: Making Fair Use Your Friend (bravenewfilms.org)
Plagiarism and Fair Use (hyperorg.com)

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Revisiting copyright claims against Westlaw and LexisNexis: Does selling access to court-filed attorney briefs violate copyright law?: Edward L. White, a Oklahoma City, Okla., lawyer, and Kenneth Elan, claim WestLaw and LexisNexis have engaged in "unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorneys and law firms who authored them"--namely publicly filed briefs, motions and other legal documents.
Implications of the AP licensing scheme: So, the AP has in the past made a big deal about holding on to the rights to every tiny little bit of what they right (essentially denying that fair use even exists). Who better than those snarky peeps at Woot to call them on the implications of such a scheme?
How does fair-use law work?: This is an excellent write-up about how fair use works, along with its complexities (and areas where it is more straightforward, generally where courts have already ruled on a very similar use previously).

About Kristopher Nelson

I'm currently a graduate student of the history of law and technology at the University of California, San Diego. I also provide law and technology consulting services. Additionally, I'm a non-practicing lawyer and former developer/sysadmin at a biotech non-profit. For more about me and my work, see krisnelson.org or my Google Profile.

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