Investigative journal: "Fair use is not applicable"

An investigative newsletter called the North Country Gazette publishes the surreal notice on each page that "This article is copyright protected and Fair Use is not applicable." Of course, fair use is the right to use a copyrighted work without the creator's permission — and it's particularly applicable to investigative reporters who frequently reproduce copyrighted works without permission in the course of their reportage. Without fair use, reportage would be pretty thin — you could only reproduce evidence of wrongdoing if the wrongdoer gave you permission to do so.

Harvard law-blogger David Giacalone wrote to the Gazette's editor about this, and got a scorching response:

My own attempt, by email, to suggest to the offending editor the error of her ways (by quoting the statute and referring her to two resources), resulted in an angry rebuff, in which I was accused of practicing law without a license, told that my email would therefore be forwarded to the Attorney General and the paper's lawyer (who it was implied had okayed their statement denying Fair Use rights), and threatened with hearing from said lawyer, should I take any of their materials.


(Thanks, Chad!)