Fair Use

Respecting the linking economy and information aggregators - part 1 of 3 online rights battles that need fighting this decade

"Rainbow" shared by Jakrome under CC BY-NC-SA 2.0Intuitively, if you use the Internet even sparingly as a means of connecting you to the broader world, you'll recognize that much of the activity that takes place on the internet involves humans (and automated search engines and other services) filtering and aggregating basic facts and information.  This is so fundamental to our daily Internet use it largely goes unnoticed.  A link from search engine, a tweet, or a status update from a social media service are just a few examples.  There is huge value in helping citizens sift through the wonderful oversaturation of information the Internet offers.

There are, however, real threats to our ability to find content and navigate in our vast information ocean.  This very cornerstone of the Internet is threatened by fear, misunderstanding, and overreaching from some traditional content owners.

Legal and How-to Guides for Independent Creators, Internet Users, nonprofits, and small businesses

Our educational guides are organized by category and title below. We also have the Fair Use app and 150+ video guides available.  You can check out our video legal guides by clicking here!  You can also buy our new book Don't Panic, a plain language legal guide that every creator and business should have when starting a project.

New Media Rights Guides are available to browse, read and learn from. They are organized by category and title.

Webtreats Glowing Neon Social Media Icons by Flickr user webtreats used under Creative Commons Attribution 2.0 license

Best Practices for Creative Commons attributions - how to attribute works you reuse under a Creative Commons license

Find out how to cite or attribute Creative Commons work. Creative commons licenses allows you to share, remix and reuse the work legally, just make sure to check out the conditions of the license!

New Media Guides Legal and How-to guides

Welcome to our Legal and How-to resource center.  We hope these guides will help you, the user/creator,  to learn about

  • Rights and laws on the Internet
  • How to use new technologies and social media in your own life

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Lost in Translation: Rosetta Stone sues Google for Trademark infringement

Rosetta Stone, a foreign language education provider, filed suit against Google in federal court last week for allegedly infringing on the company's trademark.  The conflict arose over Google's AdWords program which allows third parties to purchase keywords for advertising purposes. The result is that when a consumer runs a Google search for "Rosetta Stone", their search results will display paid advertisements of competitors as "sponsored links". What do you thingk, trademark infringement or fair competition?

Trademark holders rush to secure usernames on Facebook

Trademark holders are rushing to protect their marks on Facebook as a result of the new "username" feature.  Facebook recently granted all registered users the right to create personalized usernames in the form of URLs (www.facebook.com/username) because it expedites the search process for individuals and businesses.  With the creation of the username, you can now be linked directly to the profile you are looking for instead of wasting time scanning thousands of search results. While it seems the username is a helpful tool, many trademark holders are worried that cybersquatters will jump on this opportunity to wrongfully register their marks. How will the new Facebook policy towards markholders affect legitimate free speech.

The AP is going stop bloggers from pirating content (or quoting in fair use for legitimate reasons)

The AP says it is taking aim at "wholesale theft" with new technology that is aimed at targeting reposting of "entire articles." The new technology is supposed to simply flag questionable articles for lawyers and paralegals to then review.

The question is will the new technology be so limited, or will the AP use the technology to follow the same path it took filing DMCA takedown notices falsely characterizing the law regarding the Drudge retort's postings as follows:

"...the use is not fair use simply because the work copied happened to be a news article and that the use is of the headline and the first few sentences only ."

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