fair use

10 misconceptions about copyright and fair use

10 misconceptions about copyright and fair useEveryone on the Internet should have to read these.

Judge calls Google book-scanning fair use

Judge calls Google book-scanning fair useGreat news for fair use doctrine, and a big win for word geeks. Judge Denny Chin said much in his ruling granting Google’s motion for summary judgment, but this part stuck out to me: Google Books permits humanities scholars to analyze massive amounts of data …

Select YouTube partners exempt from fair use policy

Select YouTube partners exempt from fair use policyYouTube’s well within their rights to refuse to leave a video up, or to re-post it after fair use has been reasonably well-defended. But it’s another reminder that when stuff is free for consumers, the interests of the producers providing the …

Lions Gate abusing DMCA and ignoring fair use doctrine

Lions Gate abusing DMCA and ignoring fair use doctrineYou’ve got to click through and read this Techdirt article by Jonathan McIntosh of Rebellious Pixels. Also consider reading my article "The Pinterest (Er, Tumblr) Problem, Fair Use, and a Suggestion for Change". I argue that fair use, which is an …

Portland Press Herald plagiarized a photo they didn’t even need

This is a story within a story. The outer story is about Reverend Robert Carlson, who killed himself recently amid a sexual abuse investigation. This post isn’t about that story. It’s about the inner story, about a reporter using a copyrighted photo without attribution, and claiming fair use when …

The Pinterest (Er, Tumblr) Problem, Fair Use, and a Suggestion for Change

I wrote the article below for Temple Law’s student newspaper, Prima Facie. While my views on the topic of copyright liability in the modern Internet’s “sharing economy” continue to evolve, I haven’t made any edits to the version that ran in Prima’s April issue. This is a long post, but I would …