Coming Attractions


Over the next few weeks, Hogewash! will be hosting guest posts from blogs that have had material sent to the gulag by bogus copyright claims.

Please note that as an owner of intellectual property myself I have the greatest respect for valid copyright claims. However, I believe that “fair use” of copyrighted materials must be allowed. The Copyright Office notes that

The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

Of course, one prime example of fair use is what the Copyright Office described in its 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law as a

summary of an address or article, with brief quotations, in a news report …

which nowadays includes short audio or video clips. Anyone considering a false copyright claim may wish to review 17 USC 506(c) with his lawyer beforehand.

As they used to say in print—Watch this space.

UPDATE—Anyone considering making a DMCA claim based on the mythical “30-Second Rule” may wish to review 17 USC 107 and the applicable case law with an experienced intellectual property lawyer beforehand. Online Policy Group v. Diebold may be particularly instructive.

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