Comments on: Stand For Marriage Maine Is Hateful, But They Should Be Able to Use NPR’s Report http://www.queerty.com/stand-for-marriage-maine-is-hateful-but-they-should-be-able-to-use-nprs-report-20091021/ Free of an agenda. Except that gay one. Wed, 15 Feb 2012 16:47:28 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: San Francisco Treat http://www.queerty.com/stand-for-marriage-maine-is-hateful-but-they-should-be-able-to-use-nprs-report-20091021/#comment-228151 San Francisco Treat Fri, 23 Oct 2009 11:51:58 +0000 http://www.queerty.com/?p=71851#comment-228151 whoever wrote this needs to brush up on their copyright law. the homophobes took the content without asking - that's stealing. tommy concisely and thankfully dismantled your argument above. perhaps you should consult with an attorney before making legal arguments in the future. whoever wrote this needs to brush up on their copyright law. the homophobes took the content without asking – that’s stealing. tommy concisely and thankfully dismantled your argument above. perhaps you should consult with an attorney before making legal arguments in the future.

]]> By: Tom http://www.queerty.com/stand-for-marriage-maine-is-hateful-but-they-should-be-able-to-use-nprs-report-20091021/#comment-227734 Tom Thu, 22 Oct 2009 03:30:40 +0000 http://www.queerty.com/?p=71851#comment-227734 Also, SFMM posted the ENTIRE NPR story on their website using YouTube, and later another video hosting service, and plastered their logo on it. That is way beyond fair use. Also, SFMM posted the ENTIRE NPR story on their website using YouTube, and later another video hosting service, and plastered their logo on it. That is way beyond fair use.

]]> By: Tommy http://www.queerty.com/stand-for-marriage-maine-is-hateful-but-they-should-be-able-to-use-nprs-report-20091021/#comment-227592 Tommy Wed, 21 Oct 2009 19:54:01 +0000 http://www.queerty.com/?p=71851#comment-227592 1) NPR made a blanket claim against SFMM based in large part that SFMM was reposting snippets of NPRs reports on their YouTube account. As the owner of a copyrighted work - and as an owner that makes their work FREELY obtainable through their own channels - NPR has the right to pull down their work from a website that can use it for commercial gain (since YouTube can make money from the pageviews). (I should note that SFMM Facebook commenters consider the copyright claims to be a conspiracy between Facebook, YouTube and NPR against their opinion in favor of "teh gays.") 2) Regarding the advertisement, Fair Use is applied on a case-by-case basis. It is a qualitative analysis, one where quantity is rarely considered. For instance, a 5-second clip may be more of a violation of copyright than a 5-minute clip. Also, attribution isn't a protection against copyright infringement. Protection against Plagiarism, sure, but not copyright infringement. Further, NPR may feel that the SFMM quote may pervert the intention of their original work. While SFMM may use a portion of the original work in order to criticize the overall intent and tone of the original work, in order for SFMM to use a portion to support their view, the original work must generally support their view as well. In other words, you can't take a supportive sentence from an otherwise critical article and color that sentence as being representative of the article. 1) NPR made a blanket claim against SFMM based in large part that SFMM was reposting snippets of NPRs reports on their YouTube account. As the owner of a copyrighted work – and as an owner that makes their work FREELY obtainable through their own channels – NPR has the right to pull down their work from a website that can use it for commercial gain (since YouTube can make money from the pageviews).

(I should note that SFMM Facebook commenters consider the copyright claims to be a conspiracy between Facebook, YouTube and NPR against their opinion in favor of “teh gays.”)

2) Regarding the advertisement, Fair Use is applied on a case-by-case basis. It is a qualitative analysis, one where quantity is rarely considered. For instance, a 5-second clip may be more of a violation of copyright than a 5-minute clip.

Also, attribution isn’t a protection against copyright infringement. Protection against Plagiarism, sure, but not copyright infringement.

Further, NPR may feel that the SFMM quote may pervert the intention of their original work. While SFMM may use a portion of the original work in order to criticize the overall intent and tone of the original work, in order for SFMM to use a portion to support their view, the original work must generally support their view as well.

In other words, you can’t take a supportive sentence from an otherwise critical article and color that sentence as being representative of the article.

]]> By: RM http://www.queerty.com/stand-for-marriage-maine-is-hateful-but-they-should-be-able-to-use-nprs-report-20091021/#comment-227577 RM Wed, 21 Oct 2009 19:17:39 +0000 http://www.queerty.com/?p=71851#comment-227577 I think you have an overly broad and not legalistic interpretation of "fair use" here. Fair use means that you can play the material for a classroom for educational purposes. Not so you can cut corners in making an ad. I think you have an overly broad and not legalistic interpretation of “fair use” here. Fair use means that you can play the material for a classroom for educational purposes. Not so you can cut corners in making an ad.

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