Archive of UserLand's first discussion group, started October 5, 1998.

Re: Email & copyright (Fair Use)

Author:David Carter-Tod
Posted:8/16/1999; 5:53:05 AM
Topic:re: Walter Crosby's email
Msg #:9552 (In response to 9500)
Prev/Next:9551 / 9553

Granted, there are exceptions to this -- like the Fair Use exception. But to claim that exception, you generally can only quote small passages for the purposes of comment; members of the press have been allowed to quote entire tracts, but then that would mean that the standard press handling of requests for confidentiality would also apply here.

Just some clarification on Fair Use (I have to give a short speech about it today :-)

You don't have to be a member of the press. You're allowed to quote for any criticism or commentary. Generally speaking you should ask four questions in determining fair use:

What is the character of the use? Non-profit commentary definitely weighs toward fair use.

What is the nature of the work to be used? Factual material is in favor of fair use.

How much of the work will you use? Large is against fair use.

If this kind of use were widespread, what effect would it have on the market for the original or for permissions?


A key question would be whether e-mail is considered to be publication, which I don't think has been determined yet.

Even if you make a determination that a case isn't fair use, you can often get permission, e.g. Antique Software violates item three (large quotation -- kinda), but you can still get permission.


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