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The Tabberone™ Archives These articles concern what we consider major trademark and copyright issues. They are usually reproduced with the original source referenced. Bear in mind, these articles are copyrighted and commercial use without permission of the authors may be considered infringement. The intended use here is educational, commentary and non-commercial. The reason they are reproduced in the Tabberone™ Archives, as opposed to just providing a link, is because links disappear and pages are removed. That presents a messy confirmation process that is annoying to the browser (you) but also presents a credibility issue. We do not claim any rights in these pieces. Do not regard the absence of a copyright statement or © to mean the article is not copyrighted. Some sites do not have a copyright statement. When an article or a comment is posted on the internet by the copyright owner, the owner is seeking a world-wide, 24/7 audience; sometimes for a limited amount of time, sometimes indefinitely. In essence, an internet posting intentionally relinquishes one's copyright for exclusivity because the owner has posted it on the internet to been seen by everyone, everywhere. The Tabberone™ Archives non-commercial duplication of the posting is simply a continuance of the original wishes of the copyright owner. We post these articles for reference, for commentary and for confirmarion of our position. |
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Source: http://articles.latimes.com/2010/jun/09/entertainment/la-et-onthemedia-20100609 August 25, 2010 - content has not been altered except to remove advertising. |
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On the Media: Las Vegas Review-Journal bares its claws
The newspaper has filed lawsuits against more than 30 websites and blogs it says used its works without permission. So what is fair use? June 09, 2010|James Rainey The newspaper people had me pretty much in their corner until they went after the cat people. Allegra and Emerson Wong have a website called City Felines Blog. A few months back, the cat people posted a story about the suffering of a bunch of birds that died in a fire at a wildlife sanctuary. That created a problem, not because cat people shouldn't write about birds, but because the story had been reported, edited and published originally not by the cat people but by the newspaper people, otherwise known as the staff of the Las Vegas Review-Journal. Now the Wongs are facing a federal copyright infringement lawsuit, and possible damages, for duplicating the Vegas paper's work without permission. They are not alone — roughly three dozen other websites and blogs face litigation for using Review-Journal stories without permission. The confrontation has the blogosphere whirring and sputtering. Much of the commentary drips disdain — just another establishment media company picking on a bunch of poor little upstarts. But others cheer the newspaper for standing up to the new-media freeloaders, whose best work is taking other people's best work. It's not cats, but dogma, that dominate this debate. Newspaper people believe their cash-starved profession might be saved if only they could corral and get paid for all the content they create. Internet people believe the Web is a giant free-form party that boundaries and rules just might kill. A certain generosity of spirit seldom gets traction in these new media/old media grudge matches. Still, I wonder if we can't find a bit of middle ground. Can't we acknowledge that copyright law has a righteous purpose, to protect original content and encourage creators to create even more? Can't we also admit that a little creative reuse, far from thievery, can drive new attention to good work? The rub has been where to draw the line to determine what, exactly, constitutes "fair use." Stacks of court cases suggest many factors must be weighed — the amount of material reused, the purpose of the reuse (commentary and criticism get wide latitude) and, especially, the U.S. Supreme Court has ruled, the economic effect on the copyright holder. Media law expert Rex Heinke gave me a crash course on the rules Tuesday, explaining that the courts have drawn no bright lines. The amount of Internet traffic driven to the originating publisher by the reuser has never been deemed a definitive factor in the judgments.
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