Published January 23, 2006 by SmartBiz.com
by Alfred C. Frawley
As a general rule, bloggers should seek permission before copying other
peoples’ work in substantial part. The fair use doctrine of copyright applies to
blogging and fair use as a defense to an otherwise proven case of copyright
infringement may allow the use of copyright protected works for literary
criticism, commentary, reporting, scholarship or teaching. With that in mind, it
is best to avoid taking significant portions of the work you are commenting
upon. A fair use defense would look at the substantiality of the portion of the
work used in relation to the copyrighted work as a whole, and the effect on the
potential market of the copyright infringement. To protect yourself, bloggers
should publish only as much and no more as required to make a point, credit the
original author and link to the original source for the complete work.
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