Hey Jay :-)
so fair use = part or all of a work for the purposes of: criticism, comment, news reporting, teaching, scholarship or research. with words on the internet, it's fairly cut and dry. bloggers are usually criticising, commenting, reporting, teaching or reserching. it's easy :-) with something like a remix song, it's less clear perhaps. Does the song provide a critical commentary on a subject in a way that requires a sample of the subject in order to make the commentary? etc... But here's the actual text for fair use, if you're interested: http://www.copyright.gov/title17/92chap1.html#107 (text from this cut and pasted below) and here's a little more, from my grad paper on the subject: http://video.lisarein.com/sfsu/guide/finalpaper4-12.html#fair_use best, lisa http://www.copyright.gov/title17/92chap1.html#107 § 107. Limitations on exclusive rights: Fair use40 Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. > Two laywers (one from NBC, the other from Columbia law school) are > discussing what "fair use" these days when it come to remixing. > http://bits.blogs.nytimes.com/2008/01/16/830/ > > NBC laywer says, "fair use is not a "right," a misconception and > misstatement frequently made these days." > you can imagine how the conversation goes from here. > > This is a really interesting argument in light of the issue that John > had over at Total Vom: > http://www.detrimentalinformation.com/2008/01/my_legal_struggle_with_christi.html > > As ive said before, its strange that it's totally accepted and > encouraged for text bloggers to use text from other sources to build > their own work. > The lawyer from Columbia uses the example of the NY Times Book review > using quotes from books without fear. > This makes for a healthy media ecosystem. > So why would online video be any different? > > Jay > > -- > http://jaydedman.com > 917 371 6790 > Professional: http://ryanishungry.com > Personal: http://momentshowing.net > Photos: http://flickr.com/photos/jaydedman/ > Twitter: http://twitter.com/jaydedman > RSS: http://tinyurl.com/yqgdt9 > Lisa Rein http://onlisareinsradar.com http://www.lisarein.com
