"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
MATRIXSYNTH is a news site. If you don't want it covered, don't put it out there. For what it's worth I have only received two requests to take content down in the last couple of years, but two is too many in my opinion. If you put it out there you usually do so to be seen. MATRIXSYNTH usually helps with that unless for some bizarre reason you put it out there not to be seen. Again: If you don't want it covered, don't put it out there. Once it is posted and people comment and link to the content, it stays up. See Creative Commons for content control.
Update: This is not fair use:
The Stolen Scream: A Story About Noam Galai from FStoppers on Vimeo.
AMEN!! It really helps when you know the laws.
ReplyDeleteI wouldn't necessarily call it a warning, more like an FYI. Then, if you don't like it, it becomes a sorry about your luck. LOL
ReplyDeleteThe web (let alone the internet) has been around now 20 years. By this time, people should have wised up that anything they do (or say) on the internet is the same as doing (or saying) in the most crowded downtown public square in the world in front of an MTV camera crew.
ReplyDeleteIf you don't want people to see the unsightly sore on your butt, don't leave the house without pants. Similarly, if you don't want people to see your precious work, don't put it anywhere near the internet (or a teenager with a cell phone).
(and realizing I might have slightly missed the point of a copyright claim vs. a simple "I'm embarrassed, take it down")
ReplyDeleteIf you shout it from the top of a building, you can't claim you still own the words.
Copywrong never did make any sense, as this gov.doc shows in spades. The whole thing is a list of exceptions. It could be reduced to don't steal stuff, but then, clear, simple, truths were never really a thing with the gov.
ReplyDeleteNo, those aren't exceptions, those are factors to use in judging if a specific case is "fair use". If you intend to disparage the entire notion of copyright, its good to have your argument straight.
ReplyDelete"Fair" enough, but it's really just semantics. Fair use is just an exception to exclusive rights. Definitely a good thing, in this case, for without it, there would be no blog here at all. As for shouting off buildings... Well do you have a distance vs. volume times number of pedestrians below ratio, to come up with fitting legal hyperbole?
ReplyDeletePeople who dismiss things as "just semantics" are usually the ones who can't understand there's an actual difference in meaning.
ReplyDeleteAt no point did I ever disparage "fair use", nor did I endorse oppressive copyright schemes. As for "legal hyperbole", you can stick that with your ignorance...
What happened to Naom is absolutely NOT "fair use", it's outright theft. The unfortunate thing is that nobody bothered to actually consider the possible consequences when they created Flickr. Everybody innocently assumed that if they posted their pictures in the main lobby of Grand Central Station, they would remain exclusively in that place (and for the ignorant, that's analogy, not hyperbole). The internet has NEVER worked that way, and historically human nature usually doesn't either. If it's in the open and not nailed down, somebody is going to try to steal it.
ReplyDeleteThere is a naive air of trust surrounding the net, and people do need to wake up to the facts regarding the difference between a right assumed and a right enforced. Be cynical. Assume the worst. It's the only thing that will save you.