On Tue, 07 Mar 2006 19:49:13 +0100, Andy Carvin <[EMAIL PROTECTED]> wrote:

> You would think so, but some media outlets have argued that fair use
> doesn't apply when you redistribute the work internationally. So if I
> copied parts of his blog and shared it with a closed group (say a
> classroom), that'd be fair use. But blogging it, they would argue, is
> simple redistributing in an open and unlimited fashion, and thus in
> violation of their copyright.

Media outlets argue pretty insane things on a daily basis. I wouldn't seek  
legal advice from a media outlet no more than I would seek medical advice  
 from my plumber.

You of course have to follow the laws of the land where you reside.  
Fortunately we have things like the Berne Convention which makes sure that  
the majority of copyright law are identical from country to country [1]. I  
can assure you that the right to quote is not limited to the USA, and you  
can happily quote (quote, not republish) without breaking any laws. At  
least if you're living in the western world (IANAL).

Now, not all countries have the concept of Fair Use. In Denmark the  
content consumer has certain rights (including the right to quote), but  
nothing as broad as Fair Use in the US. So naturally I, as a Dane, can't  
hide behind Fair Use when reproducing a work. I have to follow Danish  
legislation.

However you seem to imply that if an American uses his Fair Use rights in  
an international setting (by publishing online) he then looses those  
rights. That's pretty insane and without a quote (haha, get it) from  
somewhere I just don't believe it. We are of course still talking about  
quoting and not a straight republishing. Public republishing would be  
illegal no matter how you did it.

[1] Funny story: The USA didn't want to play along with the international  
community at first (big surprise there) and only signed after thinking  
about it for 100 years (literally) in the late 1980s. There are still  
pretty insane sections in US copyright law like only being able to collect  
statutory damages for works registered at the copyright office even though  
copyright under the Berne Convention needs to be automatic.
-- 
Andreas Haugstrup Pedersen
<URL: http://www.solitude.dk/ >
Commentary on media, communication, culture and technology.


 
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