Talk:Fair use

The definition is radically problematic. It does not provide for the right under certain circumstances to copy by posting on the web or publishing, it provides a right for a defense for certain types of incorporations of copyrighted works into other publications without permission.  —Stephen Ewen (Talk) 22:29, 26 September 2007 (CDT)

That Japan has "similar national laws" regarding fair use is simply wrong. The Japanese legal system has no correlate to the four prongs. Rather than creating principles that courts then interpret on a case-by-case basis, they instead have opted to create amazingly detailed laws on what is recognized as Limitations on Copyright in Japan. In the same manner as other countries, however, their courts are frequently called upon to decide cases based upon that complex of limitations. Very few win.  —Stephen Ewen (Talk) 22:51, 26 September 2007 (CDT)

Thanks for the info on Japan, which I did not know. A legal protection that allows a person to do something is a right. It is not true that fair-use material has to be "incorporated into" something else-- that is NOT on the 4 part list. For example, copying a news story onto the web for the purpose of elicitng commentary is fair use. Richard Jensen 23:20, 26 September 2007 (CDT)

Wow, this make so clear to me just how wrong your thinking is about this matter. Incorporating a portion of a news story into a critical commentary on a blog, while providing a link to the remainder, would be fair use. Copying the entire article is absolutely infringing. Especially for popular blogs that make ad revenue who copy an entire article, they are opening themselves up to receive a take-down letter from the newspaper's lawyers. Keep it up and the take-down demand will be more than a demand. Copying over entire new articles to other sites without permission deprives the newspaper of the ad revenue it would otherwise receive by people clicking on the link in your blog post, the one that makes fair use of excerpts. Also, determinations of fair use are not just quantitative but qualitative. If you copy "the heart" of the news article such that people do not need to read it at the source, thus depriving the paper of revenue, and you are looking for trouble. Goodness, even Google News has this right.  —Stephen Ewen (Talk) 00:03, 27 September 2007 (CDT)

"Copying the entire article is absolutely infringing." No court has said so--this appears to be imaginary. Please cite some legal evidence. Richard Jensen 00:09, 27 September 2007 (CDT)

According to you, this apparently does not exist: "The amount and substantiality of the portion used in relation to the copyrighted work as a whole". Excepting the special teacher's exception - copying an entire article off-the-cuff one term for his class, copying an entire news article snubs this right to the wind. Lack of a court controversy over the fact of something existing does not imply it is fair use.  —Stephen Ewen (Talk) 00:24, 27 September 2007 (CDT)

According to you, fair use says something it does not.  —Stephen Ewen (Talk) 00:28, 27 September 2007 (CDT)

Encyclopedic

It's not very encuclopedic to say we don't knowwhat we're talking about. So I made a positive statement instead of this: Legal definitions and the legal scope of public domain vary across the world, and it is not unusual for works to be public domain in one country and copyrighted in another. This lack of any international standard is a serious problem for internet publishing, where the applicable law is unclear and leaves internet publishers open to potential litigation. There is no such litigatation, and the "serious problem" is a gross exaggeration --there are no concrete examples given.Richard Jensen 23:25, 26 September 2007 (CDT)

Plagiarism

I added the plagiarism section because people get all confused otherwise about the difference between fair use/copyright issues and plagiarism. I have never heard of a LEGAL case under federal copyright law regarding plagiarism. There have of course been violation-of-copyright lawsuits (for example against DaVinci Code, settled in London in Brown's favour in 2006. see [1] for the details. Richard Jensen 23:34, 26 September 2007 (CDT)