On Mon, 10 Apr 2006 20:17:19 +0200, Charles Iliya Krempeaux  
<[EMAIL PROTECTED]> wrote:

> My question is.... Is it Fair Use to link directly to a vlog's video?

You're asking the wrong questions. There are two questions that should be  
asked instead:

  a) Is it legal to link directly to a vlog's video?
  b) Is it good practice to link directly to a vlog's video?

And as all hard questions the answer to both is: It depends. b) depends on  
the social context and community opinion. I can't comment too much about  
that, but I do think many people accept direct links to a video as long as  
there is also a clear link to the vlog entry's permalink (where people can  
do comment, etc.).

As for the legality...:

> And more importantly, if it isn't Fair Use, should it be?  And an equally
> important question, if it is Fair Use, should it not be?

Generally speaking the video is online so it is fair game to link to.  
That's how the web works. Personally I prefer links to vlog entry  
permalinks because that's how blogs work. Sadly the world doesn't revolve  
around me.

There are general copyright and misappropriation laws you have to follow.  
I can't list them all, and as always I strongly recommend going out and  
buying a text book on mass media law (I've read Pember, Don "Mass Media  
Law" which covers all applicable laws. Get any post-DMCA edition used).  
Anyone publishing media should make themselves familiar with the laws.

Two things you cannot do:

  a) You cannot present someone else's work as your own. So be careful if  
you embed someone else's video directly on one of your pages. You need to  
make it very clear that this work is not made by you (giving credit and  
linking earns you brownie points).
  b) You cannot use another name or likeness for commercial purposes (ie.  
to sell crap) without their permission. American Apparel cannot use  
Ryanne's video about them (<URL:  
http://ryanedit.blogspot.com/2006/03/american-apparel-rock-on.html >) in a  
commercial without her permission, not even if Ryanne allowed commercial  
use in her CC license.

IANAL, blabla.

-- 
Andreas Haugstrup Pedersen
<URL: http://www.solitude.dk/ >
Commentary on media, communication, culture and technology.


 
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