this post was submitted on 22 Feb 2024
289 points (97.4% liked)

News

23284 readers
3460 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
 

One parent said the influx of permission slips is getting "out of control" and "burdensome."

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 28 points 8 months ago* (last edited 8 months ago) (2 children)

Educational purposes are fair use.

Constitutionally, the purpose of copyright laws is to promote the progress of science and the useful arts. Fair Use isn't really an "exemption". Fair Use is the fundamental reason why copyright is allowed to exist. The restrictions allowed by copyright law are the limited commercial exemptions from "public domain", temporarily granted to authors and artists.

All published information is in the public domain unless a specific, copyright exemption temporarily applies to withhold it.

[–] [email protected] 2 points 8 months ago (1 children)

All published information is in the public domain unless a specific, copyright exemption temporarily applies to withhold it.

You sure about that? In the US, the creator of a work has automatic copyright over it, whether it's published or not: https://www.copyright.gov/help/faq/faq-general.html

If you meant something else, or there's a modifier to your claim here that I'm not seeing, maybe you could clarify?

[–] [email protected] 2 points 8 months ago* (last edited 8 months ago)

I am reframing the discussion as envisioned by the copyright clause in Article I, Section 8:

[Congress shall have power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

The purpose of copyright laws is to promote progress of science and art. Temporary exclusivity is the means by which Congress achieves this purpose; exclusivity is not the purpose itself.

That limited time is when an author or inventor may command exclusivity. Outside of that limited time, the work belongs to the audience, not the artist.

When we remember that it is humanity is supposed to be the ultimate beneficiary, "Fair Use" is the fundamental concept, and copyright is the exception. Copyright may exist automatically when a work is created, but that is still a specific, limited, temporary exemption.

[–] [email protected] 2 points 8 months ago (1 children)

As with most legal matters, it depends: https://www.copyright.gov/fair-use/index.html

Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work. Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.

I don't know many schools willing to bother finding out whether the use was fair.

[–] [email protected] 1 points 8 months ago (1 children)

I don't know many schools willing to bother finding out whether the use was fair.

It is not the school's responsibility to bother finding out. It is Disney's responsibility, as the troll claiming copyright protections, to make the claim that it's not fair use, and it is the court's responsibility to determine the validity of such a claim.

Unless Disney decides to intervene, there is no question that it is fair use. Even if a copyright troll does decide to intervene, it is still probably fair use.

[–] [email protected] 1 points 8 months ago

I agree it's the court's decision and that Disney will likely not bring it to court because schools have little as it is and it'd be a PR nightmare.

As to whether it actually is fair use, I also agree with "probably."

Because of that, any school's legal team will recommend against permission slips for Disney movies so teachers can just play them without asking for parent approval like every other school