January 23, 2008
© I’m not a lawyer, but I stayed in a… ©
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From a discussion in the comments of a post on Darren Rowse’s ProBlogger, Fighting Scrapers With Your Left Jab.
Regarding copyright, Mike Goad made some good points and refuted some misguided information.
I state this as a copyright attorney. Further, my comments here relate only to copyright law in the United States.
For various reasons, a few years back, I did a lot of studying of copyright and copyright related issues — enough so that I feel I have a pretty good layman’s understanding of it. It’s more than just a bit gratifying to have a professional back up something I’ve said about it, though.
Comments on "© I’m not a lawyer, but I stayed in a… ©" »
teeni @ 9:12 pm
Oh, that certainly would make you feel good. I’m coming to you whenever I have questions.
Catherine Lawson @ 10:15 am
Hi Mike - your comment was interesting and so true. Now, I have a question. How much usage of other people’s stuff is fair?
A site linked to a post I created, which provided 107 links for entrpreneurs. But the blogger didn’t just stop there. He’d actually copied in full the first 7 links and descriptions from my blog.
I felt a bit cheated, as the small section he copied was an hours work for me. Would I be within my rights to ask him to remove it, jusy because he didn’t copy the full post> Thanks.
Mike Goad @ 11:37 am
I see several issues here.
First of all, the FAIR USE principle which I am familiar with is unique to US copyright law. It is related to, but not the same as, the FAIR DEALING doctrines of the UK and other Commonwealth countries, which I don’t have enough knowledge of to discuss. http://en.wikipedia.org/wiki/Fair_dealing
Second, it appears that the blog you are referring to is in Brazil. I don’t have a clue about their equivalent provision, if there is one.
I think you have a right to ask them to remove it. I don’t know if they would have an obligation to remove it.
Other things to consider:
* They’ve used less than 10% of one post and a small percentage of the overall work (your blog).
* They’ve given you a good solid link from a blog that has a Technorati authority of over 200. Their blog is going to be around a while and so is that link.
Catherine Lawson @ 8:18 pm
Thank you Mike - that I didn’t know. So in some cases links like that could be useful then?
Mike Goad @ 6:33 pm
That’s my understanding. Links from other sites also improve search engine rankings.