Wednesday, November 23, 2005

MDE's Legal Troubles

Although I am not a lawyer, I know this is how copyright laws work.

The Federal Copyright Act of 1976 has outlined 5 exclusive rights granted to all copyright holders.
A property right in an original work of authorship (such as a literary, musical, artistic, photographic or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work . (Source: Black's Law Dictionary, 7th ed. Page 337)


The above definition is from Black's Law Dictionary, the foremost legal dictionary in the United States.

So the big question is, did MDE infringe on the exclusive rights granted to Inside Minnesota Politics under the Federal Copyright Act? The answer is NO!

You see, there is a little thing called Fair Use. With Fair Use, there are certain exceptions to the rights of the copyright holder. These exceptions are for purposes of commentary, criticism and parody. As long as there is a citation on the source of the protected work being used under Fair Use, permission is not needed from the holder.

MDE was offering commentary on what was seen in the image. He properly cited it and he did not post the image for financial gain.

The bottom line is that Inside Minnesota Politics is trying to take MDE to court just to find out his identity. This case is clearly a win for MDE because of Fair Use. If I were with Inside Minnesota Politics, I'd save my money and buy a clue.

2 Comments:

At 9:32 AM, Blogger Bob said...

MDE will definitely win his case, but lose the battle because in defending himself his identify will become public and he will lose access to some sources.

 
At 5:51 PM, Blogger lloydletta said...

MDE is such a drama queen.... And he's ca$$$hing in on all this.

 

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