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2010-11-28
Posted by:Fred

#8  Great! Hopefully we'll be able to open up the throttles more soon.

Of course, please let us know when it's ready to go via a technical article, that way we can all digest and comment on it at the same time.
Posted by: gorb   2010-11-28 12:39  

#7  Excellent suggestion, Gorb, and we'll work on text and a permanent link over the next few days. In the meantime, what TW says is a good start. Let me add:

1) cutting the fluff in the article goes a long, long way to helping us on the 'fair use' rule.

2) common sense. Don't repost entire articles, particularly from American news sources.

3) adding your commentary, be it serious or snark, goes a long, long way towards helping with the 'fair use' rule.
Posted by: Steve White   2010-11-28 10:09  

#6  well done snark and parody also qualify...so I'm SOL
Posted by: Frank G   2010-11-28 08:45  

#5  Here is a PDF of the court order dismissing the lawsuit against the defendant. See section C (page 4) for the relevant passage.
Posted by: badanov   2010-11-28 07:06  

#4  Here is a discussion in Groklaw on a R1ghthav3n case. An excerpt:

There is no X number of words that the law sets as necessarily all right to copy or not all right, as you will see in the judge's ruling. It's case by case, so fair use is situational. All four elements will be analyzed if you go to court as a defendant. So when AP said what it did, my reaction was that they were overreaching, and since they have lawyers who know what fair use is supposed to be, it bothered me enough to decide not to ever link to them again.

We have a case R1ghthav3n brought in which the plaintiff said the defendant copied 30 sentences when the defendant in fact only used eight. The judge said in a ruling in a motion:

The court finds that this use weighs in favor of a fair use of the copyrighted material, copying only as much as necessary in a greater work (story) to provide relevant factual information weighs in favor of fair use.

Nelson’s use of the copyrighted material is likely to have little to no effect on the market for the copyrighted news article. Nelson’s copied portion of the work (story) did not contain the author’s commentary. As such, his use does not satisfy a reader’s desire to view and read the article in its entirety the author’s original commentary and thereby does not dilute the market for the copyrighted work. Additionally, Nelson directed readers of his blog to the full text of the work. Therefore, Nelson’s use supports a finding of fair use.


Whether you agree that the first eight sentences is a hard and fast rule is a debate for another time, but the judge did provide a definitive guideline by stating explicitly the first eight sentences that can be copied verbatim from the original article qualify as fair use.

As a matter of form I now follow the eight sentence "guideline" because we have something in writing inasmuch as it only comes from a ruling on a motion not the case itself.
Posted by: badanov   2010-11-28 06:56  

#3  Gorb, here's a first cut, to be modified by them as actually knows what they're talking about:

Eight sentences from the article, the rest rewrite to summarize the facts in your own words... or skip straight to the summary. Rewrite need not be highlighted. Add in-lines as appropriate, which you should hilite. Improved headlines are always preferred, just because they're more fun. It's helpful to add the reporting source in brackets at the beginning, eg. [AP], [Reuters]. If the article is original reportage from abroad, as opposed to an AP article in the Jerusalem Post, there is less concern -- the Telegraph isn't likely to come chasing across the ocean with blood in their eye to see why they're getting hits from some little American blog.
Posted by: trailing wife   2010-11-28 05:57  

#2  Mods: Could we get a link somewhere off the main page that details the "fair use rules" that you would like to see followed here? We've seen hints here and there, but nothing that puts together the big picture. I've seen a "less than 70%" rule, I've also seen "Less than eight sentences" or something like that. I've also seen that quotes are entirely fair game. What about copying titles?

Thanks.
Posted by: gorb   2010-11-28 04:15  

#1  Birthday/Daily Gam Shot

Gloria Grahame aka Rosemary Bartlow in "The Bad and the Beautiful" aka Ado Annie Carnes in "Oklahoma!" aka Angel in "The Greatest Show on Earth" (Died in 1981 at age 57)



Attention!
Posted by: GolfBravoUSMC   2010-11-28 01:33  

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