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Fed court: quoting newspaper articles online is fair use

Cory Doctorow at 9:03 am Sun, Mar 11, 2012

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The Electronic Frontier Foundation's Kurt Opsahl analyzes an important declaratory judgment from a Nevada federal court, which held that excerpting news articles in online postings was fair use.

Judge Roger Hunt’s judgment confirms that an online forum is not liable for its users’ posts, even if it was not protected by the safe harbors of the Digital Millennium Copyright Act’s notice and takedown provisions. The decision also clarifies that a common practice on the Internet – excerpting a few sentences and linking to interesting articles elsewhere – is a fair use, not an infringement of copyright.

The case is a remnant of the Righthaven copyright troll campaign, in which a newspaper owner and a lawyer formed a venture to get rich by shaking down websites. It's ended in bankruptcy, loss of investment, and an investigation from the Nevada bar.

Court Declares Newspaper Excerpt on Online Forum is a Non-Infringing Fair Use

I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.

MORE:  Copyfight • fair use • law • newspapers • web theory

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  • bluest_one

    Someone should pass it on to Germany.

    • Ipo

        … to ensure they are compensated by “commercial traders” that use pieces of their copyrighted content online…   The ruling meant that users of a clippings service must have a licence from newspaper publishers… 

      That seems very different. 

  • swashbucklingmonkey

    I see what you did there…

  • Ipo

    In a surprise move, the  U.S. District Court for the District of Nevada came to a common sense decision. 

  • http://maggiekb.com/ Maggie Koerth-Baker

    Does this mean that we can post excerpts from the Associated Press without fear? 

  • jeligula

    Common sense prevails, for once.  If I read a newspaper article and then told you about it, would I be guilty of infringement?  I sincerely hope not. But that seems to be the direction these days, doesn’t it?

    • Slant

      You know those times when you hear a song in your head?  Well, don’t ever tell anyone about that, especially anyone associated w/ the RIAA.  One minute you’re jamming along to whatever, the next: lobotomy!

  • BBNinja

    Newspapers: The Internet is putting us out of business.

    Newspapers: We don’t want anyone talking about us on the Internet.

    Well played, Newspapers.