Post by aimsmithgolf on Jan 24, 2012 19:10:01 GMT -5
To all posters:
Please use caution and never use any portion of copyrighted material in any post on this forum. That includes images of copyrighted videos or books. If in doubt... leave it out. Just refer to the info, etc. Anything deemed to be related to copyrighted material will be removed without notice.
Please notify me if you suspect any violation. Thanks for your cooperation.
Post by imperfectgolfer on Jan 24, 2012 23:03:27 GMT -5
I agree with you that the concept of "fair use" is very liberally interpreted in the USA under US law. For example, that Wikipedia article stated-: "Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship."
I believe that my posting of copyrighted material in a post in this forum falls under the category "commentary and criticism" which is protected in the USA under the "fair use" doctrine. However, I am not going to create trouble for Rand because this is not my forum, and I will respect his wishes to avoid the posting of copyrighted material. I would not react in the same way if someone challenged my "fair use" right to use copyrighted material in my golf website's review papers - because I believe that my critical review papers fall under the category of "commentary-criticism-scholarship". If anybody tried to censor my ability to operate under the "fair use" doctrine when I write my review papers, then I wouldn't hesitate to immediately institute legal action to protect my "right" to write critical review papers that are scholarly, and replete with commentary and criticism.
Post by imperfectgolfer on Jan 25, 2012 10:07:19 GMT -5
Theoretically, anybody can make a claim against ProBoards and attempt to shut down a website (golf forum) that posts any copyrighted material. However, I don't think that most people would even bother - because they don't object to "criticism and commentary" to a sufficient degree. It is much easier for an overly sensitive person to threaten ProBoards rather than the responsible individual, because the individual (like me) may not respect their wishes. An individual, like me, could also transfer their website to a self-owned dedicated server and become totally independent of an internet hosting service, so there is an obvious limit to the degree that an overly sensitive person can limit criticism of their material via these desperate mechanisms.