Unilateral copyright law

Originally posted 2006-10-23 23:37:37. Republished by Blog Post Promoter

Eugene Volokh joins the pile-on regarding a website that claims to exempt its contents from the liberating effects of the fair use doctrine.  The North Country Gazette, a publication whose editorial fare contains a remarkably high percentage of Terry Schiavo-oriented stories, takes the position that due to this fiat, we cannot excerpt the likes of:

An intoxicated Granville man has been charged with felony criminal mischief for throwing a portable urinal against the wall in a treatment room at the Glens Falls Hospital, destroying sterile equipment.

No, that doesn’t sound right.

But couldn’t the website, if they’d phrased it differently — as a contractual agreement, i.e., a condition precedent to use of the website — theoretically make such a stipulation stick?  Maybe, possibly.  But this heavy-handed approach seems assured to do only one thing:  Generate links to the website.  Which it has.

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Author:Ron Coleman

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