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Subject: Re: UKNM: Copyright issues -Reply -Reply
From: John Enser
Date: Wed, 6 Oct 1999 10:09:52 +0100

Sure, there are plenty of examples of fair dealing out there which
damage the rights owners - for example taking goal footage for a sports
news bulletin, where the broadcasters ended up with a deal to agree
how much they could take from each other. However you look at it, the
UK still has more strict limits than the US and users don't always win fair
dealing cases - earlier this year, M+S went down in a court case about
photocopying and circulating press cuttings.

As for Tim's question about hosting in the US, that is the sort of question
a lawyer usually answers "it depends". If I can take liberties by
re-editing his question to "By hosting in the US, would a UK company
inevitably escape UK copyright liability?" the answer is no. Certainly not
if any authoring was done here - that was tried and failed in another
context by Waddon, a pornographer who was sent down even though
all his material was hosted in the US, as it was uploaded from the UK.

John

>>> "Ian Betteridge" <ianbatwell [dot] com> 5/October/1999 12:47pm >>>
> but the UK fair dealing is limited to "research and
> private study" news and criticism/review.

But the "news" clause lets you get away with a lot. For example, the
practice of "ragging" in newspapers, where they pinch photos from
another
publication, and print them with "ripped out" appearing edges, with
accreditation to the other paper. You're then "reporting" on the other
papers story, rather than simply reproducing copyright material.

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