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This is a discussion on Fair Use of News articles vs copyright issues within the Loan Safe Lounge - Anything goes here! forums, part of the Mortgage Advice category; - - It seems from the research I have done is using the full article with full credit and even ...

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Old 03-18-2010, 03:13 PM   #1
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Fair Use of News articles vs copyright issues

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It seems from the research I have done is using the full article with full credit and even a link is not a copyright violation but allowed under fair use as long as no commercial purpose, and does not diminish the value of the original work (probably enhances it by giving it more exposure and sending folks to the source)

The extent of using the article is only 1 of 4 factors in determining fair use, not a rule that you can't do only taken along with the other tests under fair use.

The Fair Use tests (taken as a whole not each required) are:

Fair-use Statute Section 107 lists the following 4 factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a permitted fair use:

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 -- reproducing a factual work is more likely to be fair use than a creative work such as a musical composition

3) the amount and significance of the portion used in relation to the entire work -- reproducing smaller portions of a work is more likely to be fair use than large or essentials portions

4) the impact of the use upon the potential market for or value of the copyrighted work -- uses which have no or little market impact are more likely to be fair than those that interfere with potential markets.

The fair use law is purposefully broad and flexible. It requires a thoughtful analysis of each of the four factors based on specific circumstances. In applying the four fair use factors, each factor is relevant in order to determine whether a particular use is a fair use. A final determination on fair use depends on weighing and balancing all four factors against the facts of an individual situation

Note on News Reporting:
But in the paragraph that comes just before the four factors, Congress did see fit to lay down a nonexclusive list of fair uses: "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Is it time for more list items? (short summary of large article at Copyright Reform Act tries fixing fair use with seven words

A very interesting case is L.A. Times v. Free Republic, 2000 U.S. Dist. LEXIS 5669 (C.D. Cal. 2000). This was determined not to be fair use when entire articles were published BUT failed 3 of the 4 tests primarily because Free Republic actively solicited donations from users of its site, and therefore was with a commercial intent. In addition the same owner advertises on the site his services of hosting websites etc.

Not only that but the copywritten material on the original site had a charge for viewing the articles so Times (and Washington Post) revenue was essentially 'Stolen" by the reproduction on Free Republic site.

The only favorable factor under Fair Use was he Free Republic site provides a public service by fostering debate and discussion regarding the issues of the day. This too is a factor that should be taken into account in assessing the character of defendants' use of plaintiffs' copyrighted material. See Sega Enterprises, supra, 977 F.2d at 1523

On the negative side a large number of articles are posted on almost a daily basis with few comments generated on them making them less transformative but simply large numbers of systematic copying of L.A. Times works.

On the positive side the Court says, "While plaintiffs' news articles certainly contain expressive elements, they are predominantly factual. Consequently, defendants' fair use claim is stronger than it would be had the works been purely fictional. See Sony, supra, 464 U.S. at 455, n. 40 ("Copying a news broadcast may have a stronger claim to fair use than copying a motion picture"). The court concludes that the second factor weighs in favor of a finding a fair use of the news articles by defendants in this case."

But remember L.A. Times charged fees for various articles on its site and the newspapers it sells . Back in the 90's when this case filed it there was less free content than today on newspaper sites, today most is free but this decision was from 2000 which would have been years since the event took place.

Court says, "The evidence also shows that visitors to the site are able to read full text copies of articles from plaintiffs' newspapers and archives without purchasing the papers, visiting plaintiffs' websites or paying the fee plaintiffs charge for retrieving an article from their archives....Plaintiffs assert they have lost and will lose revenue because visitors to the Free Republic site can read plaintiffs' archived news articles without paying the fee they would be charged for accessing the articles at plaintiffs' sites. Similarly, plaintiffs contend that defendants' use affects their ability to generate licensing revenue, since the fact that the articles are available for free viewing on Free Republic's web page diminishes their value to licensees. Finally, plaintiffs argue that defendants' copying reduces the number of people visiting their sites, and thus causes them to lose advertising revenue calculated on the number of hits they receive."

Balancing The Fair Use Factors
In sum, three of the four fair use factors weigh in plaintiffs' favor. Moreover, the factor that favors defendants -- the nature of the copyrighted work -- does not provide strong support for a fair use finding, since defendants copied both the factual and the expressive elements of plaintiffs' news articles.

Above brief highlights from Court Decision available for free at LOS ANGELES TIMES v. FREE REPUBLIC

It seems clear that postings of news articles about HAMP meet 3 or 4 of the 4 Fair Use Requirements:

1) Educational no direct income from either the site or person posting the article (posting person most important receives no fees)

2) Factual news reporting works not creative.

3) How much of work copied - seldom to I post an entire article although some others do. But this is the only factor that seems would argue against fair use and no one factor is decisive but all the 4 tests taken together.

4) Unlike the L.A. Times case where L.A. Times lost fees because of the frequent reproduction of L.A. Times articles all articles posted on loansafe are from free public sites and do not diminish the value of the work on the original site.


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Old 03-18-2010, 06:40 PM   #2
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Re: Fair Use of News articles vs copyright issues

And are you going to pay our court fees if we get sued? It is sometimes better safe than sorry. I have had this site shut down over copyright issues in the past by my host provider over one letter from the NY Times. It took over 24 hours to get it back up and they made me prove I took the copyrighted material down.
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Old 03-18-2010, 06:48 PM   #3
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Re: Fair Use of News articles vs copyright issues

Moe and dave - can you clue me in? I have been either out of town or sick for the past few weeks and missed this discussion. Bottom line it's still okay to post links to articles and/or to pull paragraphs from them as long as you direct people back to the link - right? I can see where it is not okay to post something from a source and not give the source its due but call it your own - but we all know that is plagarism, even if it's from a public source.
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Old 03-20-2010, 12:23 AM   #4
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Re: Fair Use of News articles vs copyright issues

There unfortunaty are two separate issues here. I had no idea of Moe's previous run in with the host.

The web host can also be concerned about copyright issues - and if someone complains isn't in a position to determine the legal issues, just from pressure especially if a major newspaper to threatened the user in this case Moe.

My long discussion was about the law and the cases around it which show the 4 factors taken as a whole are supposed to be considered not any one make it a violation. But as Moe points out if someone especially big is objecting its better not to fight and just do what they wish since no one wants a Court fight.

The only element that seems to be in question is how much of an article is posted even if the link is given. So to keep peace excerpts should be short or I believe can be paraphrased. I also include the link which should make it less of a fair use issue and obviously no commercial interest trying to resell or deprive of revenue as was the case I discussed in depth.
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Old 03-20-2010, 06:12 AM   #5
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Re: Fair Use of News articles vs copyright issues

It's important that original posting entities benefit from the traffic that the article generates, as that is how most online resources generate revenue. They love to have a HOOK put out there, a paragraph or two, then send them back to the original posting for the rest so that they get the traffic. Sponsors pay not just for click-thu traffic, but also for passive traffic, and TIME SPENT on the site and on individual screens... it's very detailed.

With revenues diving in the news generating category, I expect they are being quite jealous of their paid staff creating fodder for other peoples' blogs and sites. I don't blame them. PLUS, I think everyone should get credit (paid or not) for their work. I have been guilty of "over posting" something in my eagerness to share it. I need to take the time EVERY TIME, and be respectful of where I GOT the info from. Plus, it allows the reader to weigh it's validity on it's own merits based on their own personal valuation scale.

Once I again, I ramble on and on and on... sorry I need to get a hobby.
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