[Sigia-l] Site Critique Permissions

[Ziya Oz]

"Jay Linden" wrote:

> There are implicit limitations of how much of a site you can use under
> "fair use" guidelines,

Whenever this subject comes up (and it does with some regularity here), I'm
appalled by the timidity with which folks approach copyright/fair use
issues. We seem to forget that copyright is essentially a monopoly
*privilege* granted by the state to the copyright holder for the purpose
promoting "the Progress of Science and useful Arts."

Here's what one conservative Supreme Court justice says:

> The primary objective of copyright is not to reward the labor of authors, but
> "[t]o promote the Progress of Science and useful Arts." To this end, copyright
> assures authors the right to their original expression, but encourages others
> to build freely upon the ideas and information conveyed by a work. This result
> is neither unfair nor unfortunate. It is the means by which copyright advances
> the progress of science and art.
           -- Sandra Day O'Connor (Feist Publications, Inc. v. Rural
Telephone Service Co., 499 US 340, 349(1991)

I couldn't have said it better myself :-)

So what needs to be considered when engaging in that pernicious, dirty
activity called 'fair use'?

US CODE/TITLE 17/ CHAPTER 1/ Sec. 107:

4   the effect of the use upon the potential market for or value of the
copyrighted work.

<http://www4.law.cornell.edu/uscode/17/107.html>

That really is the crux of the matter here. Are you adversely impacting "the
potential market for or value of the copyrighted work"?

The difference is commercial and not philosophical. It's OK to quote a page
from a book and say that it sucks. It's not OK to 'quote' the whole book and
say it sucks, for obvious reasons.

We all love Mickey Mouse but let's not just give up our rights for a rodent.

Best,

Ziya