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Date:      Mon, 17 Dec 2001 15:38:04 -0800 (PST)
From:      "Jeremy C. Reed" <reed@reedmedia.net>
To:        freebsd-chat@FreeBSD.ORG
Subject:   Re: Boston Globe Article (fwd)
Message-ID:  <Pine.LNX.4.43.0112171519350.17714-100000@pilchuck.reedmedia.net>
In-Reply-To: <Pine.BSF.4.10.10112171032290.64181-100000@moo.sysabend.org>

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On Mon, 17 Dec 2001, Jamie Bowden wrote:

> :> The entire paper was not.
> :
> :I must mention that individual articles for newspapers (and from
> :magazines) do have value by themselves.
>
> Case law with respect to fair use is very specific that a single artice
> in full from a magazine or newspaper is fair use.  I just watched this

You must have missed the previous emails about this. There are guidelines
that help define "fair use".

> flamewar a month ago on a list with people who are lawyers in real life.
> Copyright law is complicated and ugly, but they all agreed on this point.

I guess these lawyers don't know about copyrights and fair use. Or this is
misunderstood.

Again: I don't know of any credible publishing company that republishes
others' articles without permission.

Many freelancers resell their article numerous times. In fact, some have
been known to resell the rights to individual articles well over fifty
times each. If someone can simply reuse an article without permission,
then why would someone ever purchase the rights?

As a freelancer and as an editor, I have worked with well over 100 article
contracts. Many times, I have purchased 120 exclusive first publication
rights for internet-based publishing; and I have purchased first time
print media rights for just North America. In addition, I have received
rights to republish content that had previously published. Usually,
freelancers don't sell all the rights for their articles, but only for a
certain time period or for a certain medium. Usually, they want to retain
their ability to resell an article over and over again. (This does apply
to many newspaper articles also.)

Again, why would anyone even sell "*first* rights", if their article could
be reused later without any permission?

I agree in some situations it is okay to photocopy (or republish)
newspaper articles without permission; for example, to help teach a class.
Also at a college I coached basketball at, at the end of the season we
made a photocopied compilation of the newspaper clippings from the entire
season and gave them out to each team member and staff. (This was less
than 25 copies; and probably could be said to be educational since each
player was enrolled in the "basketball team" PE class.)

   Jeremy C. Reed
   http://www.reedmedia.net/


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