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Old 09-10-2011, 10:11 AM
 
Location: Kingman AZ
15,370 posts, read 39,113,750 times
Reputation: 9215

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FACTS can not be copyrighted, BUT the words that connect those facts CAN.....the organization of those facts CAN. Basically the Judge is F.O.S. and probably had a much larger campaign fund now.

and yes....small excerpts AND postage sized images do fall under "Fair Use"
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Old 09-10-2011, 04:35 PM
 
579 posts, read 997,651 times
Reputation: 371
Being a writer I sympathize with LVRJ and the concept of Righthaven makes sense. I have had plenty of my work stolen from me but 100% of the time a takedown letter worked. Suing people should only be a last resort when takedown letters don't work. Also, Righthaven would threaten to seize people's domains which copyright law does not allow. On top of this their original contract with LVRJ did not give them sole ownership of the work, only the right to sue. The contract was deemed invalid.

The fair use issues come from the article being mostly fact. It may get overturned but I think the point was to punish Righthaven. One of the fair use rulings was from a charity that helped underprivileged minorities. A takedown letter would not have worked there? They really got in trouble when they took on Digital Underground. I believe that post was four paragraphs from a 34 paragraph article that gave a link and full credit to LVRJ. The court never ruled if that was fair use (Righthaven was crazy to think it wasn't allowed under fair use, even if it wasn't any writer would say it was fine) because that is when the faulty contract came to light and Righthaven was sanctioned for misconduct.

Look for Atty. Gibson to get seriously punished if not disbarred for his ambulance chasing ways. That would be especially true if they go bankrupt and don't pay fines and rulings they have already been told to pay. Also LVRJ and Denver Post have opened themselves up to problems if Righthaven goes bust.
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Old 09-10-2011, 04:39 PM
 
Location: Vegas, baby, Vegas!
3,977 posts, read 7,638,982 times
Reputation: 3738
Not only have I had my photographs used without my permission, I have had my likeness used without permission (by MTV) what did I do about it? NOTHING...
why? Because they where posted on the internet, and I lost nothing with them being used.
why is everything about money, money, money??

Jonathan
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Old 09-10-2011, 06:23 PM
 
Location: Sunrise
10,864 posts, read 16,994,497 times
Reputation: 9084
Quote:
Originally Posted by macgeek View Post
Not only have I had my photographs used without my permission, I have had my likeness used without permission (by MTV) what did I do about it? NOTHING...
why? Because they where posted on the internet, and I lost nothing with them being used.
why is everything about money, money, money??
You're originally from Utopia, then?

It's about money because it is. Especially in the newspaper world, where papers are hemorrhaging money. Face it, the people who read the local news and sports didn't sign up to pay for the Washington bureau, the Baghdad bureau and the Beijing bureau*. They want to read Norm MacDonald and Corey Levitan.

*The R-J doesn't have any of these, but they have a lot of writers and syndicated features that next to nobody reads. That all adds to overhead. And loss of classified advertising is ruining them.
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