Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
Fair Use
A doctrine of copyright law that limits the exclusive rights of copyright holders by permitting some uses of their copyrighted materials without their consent. Courts apply the fair use doctrine on a case-by-case basis, weighing four factors: 1) "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes"; 2) "the nature of the copyrighted work"; 3) "the amount and substantiality of the portion used in relation to the copyrighted work as a whole"; and 4) "the effect of the use upon the potential market for, or value of, the copyrighted work."
Online news aggregation websites that compile and resell news stories without the publisher's permission are committing copyright infringement and are not protected under the fair use doctrine, a New York judge ruled.
A federal appellate court ruled that a Spanish-language gossip magazine violated the copyrights of a celebrity couple by publishing private photographs of their secret wedding in a case that according to the court “reads like a telenovela."
A federal court last week rejected a copyright infringement lawsuit against Bloomberg L.P. for its unauthorized publication of a conference call between a corporation's senior executives and a group of securities analysts, finding that the business and financial news publisher was protected from liability by the fair use doctrine.
Two lawyers have filed a federal lawsuit against Westlaw and LexisNexis, alleging that the popular online databases have violated federal copyright laws by posting materials written by attorneys on their databases without that attorney or law firm’s permission.