Flimsy Sanity: Blogs and Copyright

Flimsy Sanity

In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. - Friedrich Nietzsche

Thursday, December 15, 2005

Blogs and Copyright

post by Daniel Solove, a professor at George Washington University Law School via Boing Boing. What if lawsuits hit the blogs like they have the music business?
Suppose the mainstream media, fed up with the buzz bloggers keep getting and with bloggers criticizing their stories, decided to exact revenge. They initiate a vigorous copyright enforcement strategy, launching a barrage of lawsuits against bloggers as the Recording Industry Association of America (RIAA) has done to music file sharers. What would happen?
The blogosphere would be in for some tough times I bet. Bloggers frequently copy large chunks of mainstream media articles and some of us copy pictures we find on the Web. Bloggers don't have a team of photographers and artists, so they snag images from the Internet. As for mainstream media articles, bloggers often quote very liberally because the mainstream media is notorious for creating dead URLs -- articles often just disappear after a week or two. In other instances, articles get archived and can only be retrieved for a fee. The result is that a post discussing a mainstream media article with just a link or a small quote can become hard to understand when the article being referred to becomes unavailable. That's why bloggers often copy significant portions of articles -- so their posts can still be understood when the URLs to the articles go dead
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3 Comments:

  • At 1:48 PM, Blogger Shephard said…

    Ya know, it's funny, but I think about that. I try really hard to only use my own photos when possible or public domain stuff, and credit the rest. Interesting issue. ~S

     
  • At 5:54 PM, Blogger R J Adams said…

    I really don't know what the mainstream media has to complain about, especially if a link is provided to their story. If bloggers steal large chunks of a story and use it as their own, then they deserve suing under copyright law. As for criticizing media stories, again if the source is named or linked, it is up to the reader to form their own opinion, as they would anyway if they read the media article in its original form. Unlike the example of music file sharers, bloggers are merely disseminating information already freely available on the internet.
    Anyway, that ends the case for my defence, yer 'onor.

     
  • At 5:23 AM, Anonymous Anonymous said…

    I understand it has to be proven that the person using the copied information is making a profit by reuse. If no profit is gained, it's no more than someone cutting out a newspaper article/photo and posting it to a bulletin board down at the community center.

     

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