| An Open Letter To The New York Times
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| | In his report, Jennings goes on to
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| Dear New York Times Legal Department:
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| | elaborate on each of the points above,
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| I write several commercial blogs for
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| | noting that purpose and character has to
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| clients with diverse business interests.
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| | do with two factors - primarily
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| I write and manage blogs on real estate,
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| | commercial use and transformative use.
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| Internet marketing, security, art and
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| | Jennings quotes the Supreme Court with
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| literature, software and technology,
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| | regard to the first factor: "The crux of
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| advertising media and online gambling.
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| | the profit/nonprofit distinction is not
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| Recently, I received an e-mail from a
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| | whether the sole motive of the use is
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| commercial writer who creates content on
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| | monetary gain, but whether the user
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| one of your subsidiary websites. It was a
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| | stands to profit from the exploitation of
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| very threatening letter.
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| | the copyrighted material without paying
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| In read in part, and this is a
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| | the customary price." Again, I'm no legal
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| paraphrase, that my use of her material
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| | scholar, but it seems to me that a vital
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| on one of my blogs constituted plagiarism
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| | question to ask in determining this
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| and that I should remove it or be subject
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| | crucial distinction is whether or not the
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| to her attorneys' - you - hungry
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| | commercial use of the copyrighted
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| ambitions. I was aghast that a fellow
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| | material could stand on its own without
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| author didn't understand the fair use
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| | the material in question. Since I removed
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| clause of U.S. copyright law.
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| | the "borrowed" material from my posts
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| According to a report for Congress on
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| | immediately upon receiving this e-mail, I
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| fair use on the Internet, written by
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| | think any judge would see that there is
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| Christopher Alan Jennings of the American
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| | no question that my blog posts could
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| Law Division, courts weigh four factors
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| | survive without your material.
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| with regard to fair use, whether online
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| | This brings me to Jennings' next point.
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| or off line:
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| | He says in his report that
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| 1. Purpose and character of work in
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| | "transformative use" means generally that
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| question
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| | the new use of the copyrighted material
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| 2. Nature of copyrighted work
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| | "adds something new, with a further
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| 3. "Amount and substantiality of the
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| | purpose or different character, altering
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| portion used in relation to the
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| | the first with new expression, meaning or
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| copyrighted work as a whole"
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| | message." Well, since I added my own
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| 4. Effect of use of the work "upon the
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| | comments to the "borrowed" material in
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| potential market"
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| | order to highlight certain points that I
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| Now, I'm no legal scholar, but it seems
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| | agreed with, simply using the material as
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| to me that copying a paragraph or two and
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| | a testimonial to prove my larger point, I
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| commenting on it on a blog falls into
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| | believe that would qualify as a valid
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| these guidelines as fair use. While there
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| | transformative use of copyrighted
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| is no black and white dividing line with
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| | material. Again, since I did link back to
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| regard to fair use, I believe the first
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| | the original source, which constitutes
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| point (purpose and character) has a lot
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| | attribution, I do not understand why a
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| to do with medium. In other words, the
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| | fellow author would consider that
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| media used in communicating a copyrighted
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| | plagiarism.
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| work is essentially and inherently tied
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| | In light of your own issues regarding
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| to purpose and character.
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| | plagiarism - i.e. Jayson Blair, which led
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| This is an important distinction because,
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| | to the resignation of Howell Raines and
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| while blogs are fairly new on the
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| | Gerald Boyd - I can understand why this
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| historical landscape of copyrighted
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| | might be a sensitive issue for you.
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| material, it is very common and a fairly
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| | Perhaps your newspaper would like to
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| accepted practice - not to mention
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| | change its public image or take any
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| encouraged - for bloggers to copy and
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| | attention off of yourselves due to these
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| paste a few sentences or paragraphs from
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| | very serious issues that have resulted in
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| a website and add their own comments to
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| | a negative image of your company. But
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| it. Of course, it is generally
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| | that's no reason to toss around false
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| recognizable that, when doing so,
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| | accusations. I'd encourage - indeed, I
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| bloggers will link back to the quoted
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| | implore you - to please take the time to
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| source as an act of attribution. This is
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| | educate your employees on what
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| considered fair use by the majority of
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| | constitutes plagiarism and fair use for
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| bloggers who engage in this practice. It
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| | bloggers and other Internet authors. I'd
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| is also what I did when I "plagiarized"
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| | hate to see your company involved in
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| your subordinate author's copyrighted
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| | other embarrassing and unnecessary legal
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| material.
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| | wrangles.
|
