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September 15, 2003

Fair Use in the Blog Context

If I copy premium content from an online newspaper, say the NTY, and 'reprint' it whole cloth here at Cobb, am I abusing fair use?

I think not. That is because of several reasons.

1) I believe the following clause is always in effect and appropriate to the way I do things here: "This article reprinted in full without permission for the purposes of discussion and review, as permitted by Title 17 Section 107 of the U.S. Copyright Act of 1976. "

2) This blog gets very little volume as compared to the original publisher. I am literally sharing it with my friends - the small circle of people who read here.

But what if nobody reads it? What if only 10 people read it and I know them all personally? If my intent is to use the article in question for the express purpose of discussion with those people who come to my website and I have a reasonable unerstanding that number of people is small, how can this be considered an abuse of fair use?

Posted by mbowen at September 15, 2003 01:25 AM

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I think the NYT would consider it an abuse. They will most certainly make the content unavailable unless a fee is paid in a relatively short time - usually within two weeks. If it's avaiable on your site, it decreases their sales.

Posted by: ronn at September 15, 2003 11:15 AM

Do you know if fair use gives permission to reprint something in whole? I'm asking because I'm honestly not sure. I guess I had always thought that excerpts were acceptable but not entire reprints. Hmmm....

Posted by: bhw at September 16, 2003 10:09 PM