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Court Declares Newspaper Excerpt on Online Forum is a Non-Infringing Fair Use

H

Herr Heckler Koch

Guest
http://ia600509.us.archive.org/5/items/gov.uscourts.nvd.75386/gov.uscourts.nvd.75386.179.0.pdf

https://www.eff.org/deeplinks/2012/...-excerpt-online-forum-non-infringing-fair-use

EFF said:
Judge Roger Hunt’s judgment confirms that an online forum is not liable for its users’ posts, even if it was not protected by the safe harbors of the Digital Millennium Copyright Act’s notice and takedown provisions. The decision also clarifies that a common practice on the Internet – excerpting a few sentences and linking to interesting articles elsewhere – is a fair use, not an infringement of copyright.
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Stanley

Stanley

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T

Tawnos

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Stanley said:
Ummm... Since when was quoting and linking not fair use? Don't these companies realize that the more restrictive they try to be the more people will infringe on their copyrights???

Should have learned that lesson from iTunes.
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Fair use is a defense or limitation on copyright. A copy of a copyrighted work must be found to be fair use based on the factors of 17 USC 107. Read more about some of the issues behind it here: http://www.law.cornell.edu/uscode/text/17/107?quicktabs_8=2#quicktabs-8

The short of it: you don't have a "fair use right", while someone does have copyright immediately upon creation of a work.
 
VW_Factor

VW_Factor

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