Why isn’t it “fair use?”
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright .
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
Source: 17 USC Section 107.
So if one wanted to sue or send a cease and desist letter would the target be NordlingHouse or the owner of the forum? Could I be sued as a moderator of the site for not removing what I know know to be copyrighted material that was used without permission? Should all pictures on this site that were reposted without permission be removed? Who gets to decide if it’s for “comment” or “educational” purposes?
Thanks for checking…I guess?
Discussion can be entertaining but information is golden ,)
I’m not worried about any single issue or this guy but it does make me wonder in general if I could be held liable. Being a mod on this site isn’t all it’s cracked up to be.
The limited knowledge I have of U.S. copyright law leads me to think that it is the poster of the material who could be sued, or whatever. It is the inverse to the U.K. and many other European countries where it is the publisher (i.e. forum owner) who is liable.
Don allows reposting of anything he posts, and this came from his Fb page.
Thank you for your concern.
I would have thought its okay to post something as long as u cite the source and do not take it out of context. The source clearly is in the cartoon itself. Otherwise, literally nothing in the world can be posted / quoted?
One other important aspect of Fair Use is not devaluing the source by extensively quoting or using the core of it such that the reader/viewer will have no need to buy the book, watch the movie, etc. I.e., in this case, reproducing 20 cartoons or the bulk of the artist’s work without compensation. Or grabbing 800 summary words central to a book or online posting, say a Top 10 List of Airbnb Success Tips, vs. merely linking and excerpting a part of the original material.