FromDC2Iowa: Copyright, Fair Use, Blogging & Other Items
Excerpted from this post at FromDC2Iowa
We are about to lose a very creative and productive blogger from the
blogosphere. It appears that his decision to close down the blog may have been prompted by what he may have viewed as an intimidating threat of legal action from an Iowa newspaper. ... I've already said virtually nothing is a "slam dunk" when it comes to Fair Use. But I really think he has the better of the argument here. He is clearly involved in commentary, which is expressly mentioned by the law. He is not in the business of selling newspapers -- or even individual stories from newspapers. In fact, he's not in any business -- and certainly not a "commercial" one that profits from the sale of the newspaper's copyrighted stories. So far as I know, no
one -- at least not I -- go to his site to find out what was in the paper that
morning. ... I can only hope that the paper was not prompted to play its copyright card because of its being upset, not with the use of its stories, but with the legally appropriate (if "insightfully vulgar") commentary about those stories.