Could Full Article-Copying Be Ruled as Fair Use?
We’ve written about Righthaven a couple times. This is a company with a business model based on suing publishers and bloggers on behalf of newspaper clients like the Las Vegas Review-Journal, bringing lots of fair use questions into the forefront.
For more context and background on this, read our articles "Fair Use Controversy: The Gift That Keeps On Giving" and "Testing the Fair Use Balance".
PaidContent legal, regulatory, and privacy reporter Joe Mullin revisits the topic, suggesting that depending on how the litigation process goes, we may soon see 100% copying become "legally justified" in many cases.
He says this could happen if one of two things happens: a judge could rule that newspapers gave "implied license" to copy their content (through things like share buttons) or a judge could rule that even full copies of newspaper articles are often "fair use."