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Fair Use

  • 20-11-2013 11:44am
    #1
    Mark.87
    Closed Accounts Posts: 91 ✭✭


    Didn’t know where else to put this…

    I saw the Mod note on this thread:
    http://www.boards.ie/vbulletin/showthread.php?t=2057086899
    And couldn’t find out which Mod made it to ask them direct.

    Surreally any quoting of newspapers in the context of the thread falls well within fair use. If so why it is not allowed on boards?

    I would also love to know some background on the issue, obviously something to do with the office of Sean Sherlock. Any links to old threads or other information would be greatly appreciated.


Comments

  • #2
    rovoagho
    Banned (with Prison Access) Posts: 1,151 ✭✭✭rovoagho


    We don't have a fair use doctrine here, although we do have something similar. However even fair use in the US doesn't cover quoting whole articles, it's traditionally limited to an extract.

    And rightly so, if everyone went around republishing articles and citing fair use, news media would have no incentive to publish in the first place.


  • #3
    Mark.87
    Closed Accounts Posts: 91 ✭✭Mark.87


    rovoagho wrote: »
    We don't have a fair use doctrine here, although we do have something similar. However even fair use in the US doesn't cover quoting whole articles, it's traditionally limited to an extract.

    And rightly so, if everyone went around republishing articles and citing fair use, news media would have no incentive to publish in the first place.

    What do you have in Ireland?

    I know fair use is a gray area and can differ from person to person (judge to judge if it goes that far). Not in relation to the thread mentioned but it was my understanding that even in the US there are certain circumstances where even a whole article could be quoted (of course giving proper reference / credit to the original source).

    Related to the thread I linked too, I have to admit, I miss-read the mod note stating “in full”. I was under the impression that it was any quoting. I can somewhat understand the quoting of whole articles but I have to disagree with you on your final point. There are plenty of examples in modern media where good work has been removed from circulation due to claims of copyright, etc. where it clearly falls under fair use. A clear fair use doctrine is needed to prevent everyone going around unfairly citing fair use so to allow only true fair use. It’s too much of a gray area at the moment!


  • #4
    rovoagho
    Banned (with Prison Access) Posts: 1,151 ✭✭✭rovoagho


    Mark.87 wrote: »
    What do you have in Ireland?

    Obviously I don't remember, so Google.

    Fair use policy in the US is mostly set by precedent, so it's all over the shop, but generally speaking quoting items in full is frowned upon by judges. The only exceptions I've seen is where items are very short, and/or the copyright defence is overly aggressive.

    Education is also an exception in many countries, including Ireland as far as I can remember. Tends to be a free for all.


  • #5
    Mark.87
    Closed Accounts Posts: 91 ✭✭Mark.87


    rovoagho wrote: »
    Obviously I don't remember, so Google.

    Fair use policy in the US is mostly set by precedent, so it's all over the shop, but generally speaking quoting items in full is frowned upon by judges. The only exceptions I've seen is where items are very short, and/or the copyright defence is overly aggressive.

    Education is also an exception in many countries, including Ireland as far as I can remember. Tends to be a free for all.

    Seems fair enough. Thanks for the info rovoagho!


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