ENTRIES TAGGED "fair use"

A screenshot, a link, and a heap of praise are met with a takedown notice

The New York Times should have considered context before slapping Quartz with a takedown letter.

The New York Times sent a takedown notice to Quartz because Quartz published a screenshot of a Times interactive visualization.

Let me clarify:

Quartz posted a static screenshot of an interactive and it linked to the interactive and praised the interactive. Quartz was actively encouraging people to go check out the full thing on the New York Times’ website. The offending Quartz article is titled “Our favorite charts of 2012.”

Quartz was transferring at least 90% of the attention and value to the New York Times. And yet, the Times wanted Quartz to take the whole thing down. Read more…

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Publishing News: Judge rules fair use in Authors Guild v. HathiTrust

Summary judgement in favor of HathiTrust, Arment's magazine experiment, and 10 steps to a publishing reformation.

Here are a few stories from the publishing space that caught my attention this week.

HathiTrust book scanning ruled fair use

Last week, Google reached a settlement agreement with McGraw-Hill, Pearson Education, Penguin, John Wiley & Sons, and Simon & Schuster over its book-scanning project. The Authors Guild was none too happy about the settlement, as it may not bode well for its pending lawsuit against Google. This week, as the Authors Guild called upon the DOJ to review whether or not the terms of the settlement, which were not disclosed, violate Federal antitrust law, the group suffered yet another setback: Judge Harold Baer ruled in favor of the HathiTrust Digital Library in Authors Guild v. HathiTrust, ruling that the libraries that gave books to Google to scan are protected under the principle of fair use.

Mathew Ingram at GigaOm argued this week that the authors are standing on the wrong side of the book-scanning issue. He points out that Judge Baer’s decision was a summary judgement, meaning that the judge felt the arguments for fair use were strong enough to make a trial unnecessary. Ars Technica’s Timothy B. Lee takes a nice look at the factors the court considers in fair use cases and which held the most weight in Judge Baer’s decision.

Law professor James Grimmelmann noted that this ruling together with last week’s settlement might be “a moment for a reevaluation of the Authors Guild’s suit against Google.” Ingram and Lee both point out that Google’s fair use argument might not be as strong as HathiTrust’s, but Lee stresses the nuance of the decision may be a positive sign for Google:

“The libraries’ fair use argument is somewhat stronger than Google’s because they are non-profit organizations with fundamentally educational missions. But significantly, Judge Baer did not rely heavily on this fact in siding with the libraries. Instead, he focused on the transformative nature of the libraries’ use. And since Google is making virtually the same use of its own scanned copies of the books, it’s a safe bet that there are some happy lawyers in Mountain View this evening.”

Read more…

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Fair use: A narrow, subjective, complicated safe haven for free speech

Fair use: A narrow, subjective, complicated safe haven for free speech

Attorney Miles Feldman on the ins and outs of fair use.

Litigation and intellectual property attorney Miles Feldman addresses issues of fair use, including the deciding factors courts consider, research tools to determine the status of works, and Creative Commons licensing.

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News Roundup: Sony Reader Arrives in UK, Google Scanning Newspaper Archives, Blanket Copyright Licenses vs Fair Use

UK Reaction to Sony Reader Release Sara Lloyd discusses the impact of the Sony Reader's recent release in the United Kingdom: Anecdotally, Waterstones store staff report a great deal of interest from customers, and the rumour mills (or well-planned leak??) put a 6 figure number on the Sony Readers sold by the morning of Thursday 4th September. As I'm sure…

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Colleges Weigh Blanket Copyright Licenses vs Fair Use Rights

The Copyright Clearance Center is extending its offer of blanket licenses to larger universities. In a 2007 article in the Chronicle of Higher Education (subscription required), some school administrators expressed concern about the implicit waiver of fair use assertions: But some librarians are ambivalent about blanket licenses, Mr. Rehbach [Jeffrey R. Rehbach, the library-policy adviser at Middlebury College] says,…

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Ruling: Consider Fair Use Before Issuing Takedowns

A fairly significant ruling came down Wednesday in Lenz v. Universal, a rather infamous case where Universal Music Publishing Group issued a takedown against a YouTube video of a young child dancing to a song in the background — a song in which Universal maintained some rights. Universal later acknowledged that this was a fair use of the music,…

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