Quoted:
Thanks, [b]flashman[/b], but I was hoping that you might know the answer!
I just pulled the statutory language off my database of federal laws.
Does anyone know the state of the law on this?
Eric The(I'mNotACopyrightAtty)Hun[>]:)]
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Yes, and no. Since I am an educator, I have heard quite a few presentations about copyright and fair use.
Copyright is a negative right. Boil it all down to the idea, "If you did NOT create, then you have violated the copyright by reusing the work."
By typing a post, I own the copyright to the post. (Not kidding.) Anyone who copies my post, or portions of it are violating the copyright that I possess.
Fair use is argued AFTER the copyright is perceived to have been violated. Fair use is a defense not a right.
However, even for the purpose of education, we have been told time and again that NO MORE THAN 10% of a copyrighted work may be used and be safely defended under the 'Fair Use' clause.
Posting the entire article (more than 10%) would be hard to defend.
We are cautioned to use no more than a few lines from a song, or poem. No more than a paragraph or two from an article. No more than a selection from a few pages of a novel.
Keep it under 10% and you should have reasonable expectation of defense.
For instance. Posting the entire "Black Hawk Down" movie here in a compressed video for all to see, then justifying your violation of copyright as "an oppportunity to debate, and educate others" is not going to fly.
The same argument would apply to posting the entire article.
TheRedGoat
Ps. Last I heard the penalty for copyright violation was 100,000.00 per instance.
Pps. A rather famous copyright infringement case was won based upon teachers projecting images of cartoon characters onto posterboard. Tracing the image, colorizing it, then adding messages like "Mickey wants you to be polite in Mrs. Brown's Class."
Apparently a parent saw the posters, inquired about the infringement, got blown off, then told the cartoon company. I am not sure on all the details, since it has been years since I saw it in print.