Re: legality of web links to articles?

Subject: Re: legality of web links to articles?
From: Sandy Harris <sandy -at- storm -dot- ca>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Tue, 12 Feb 2002 17:20:39 -0500

Annamaria Profit wrote:
>
> Simon,
>
> Fair Use ONLY applies to educational or personal use.

No. Fair Use is certainly limited, but not in that way. Activities like
using brief quotes in a review are protected as "fair use", even if you
publish the review commercially.

> If you're a
> commercial entity, or an employee or agent of a commercial entity, or are
> using the copyrighted material in a commercial product (including a Web
> site, newsletter or anything else you're selling)--you are liable for all
> copyrighted materials. I've been down this road a thousand times with
> corporations.

Certainly your intent comes into the matter, and the question of whether
you are taking revenue the copyright owner might have had. Those are
harder to defend in a commercial situation.

> There is plenty of case law to illustrate the ability of
> copyright owners to *liberally* nail companies for copyright
> infringement.

There are also some precedents for quite a broad interpretation of "fair
use". Does recording a broadcast TV show to watch later infringe on the
copyright? How about making a cassette tape of a record to listen to in
the car? In both cases, the companies argued that it did, and the US
Supreme Court ruled that it didn't.

> Here are jumping off sites for the intellectual property
> case law.
>
> http://fairuse.stanford.edu/
> http://smallbiz.biz.findlaw.com/legal/ip/
> http://www.arentfox.com/quickGuide/businessLines/intlprop/intlprop.html

Great links. Thanks.

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References:
Re: legality of web links to articles?: From: Kelley
legality of web links to articles?: From: Caitlin Gannon
Re: legality of web links to articles?: From: Annamaria Profit

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