[free-sklyarov] FC: AP reportedly doesn't like quoting one sentence from articles

[Wendy Seltzer]

At 04:00 PM 8/16/01 -0400, Brooklyn Linux Solutions wrote:
>When the smoke clears on this dispute, it will likely show no
>fair use issue whatsoever.

It's managed to incense lots of people in the meantime, though.

>Aside which, it was never a fair use to make commercial application of
>any part of a copyrighted work....as far as I know.

Wrong, thankfully.  Fair use is often commercial.  2 Live Crew was selling 
its parody of Roy Orbison's "Oh Pretty Woman" for profit, yet was confirmed 
in its fair use.   Whether the use is commercial or non-profit is only one 
factor in the analysis, and it is not determinative.  Even a commercial use 
can be fair if other factors, such as the use's transformative character, 
its lack of effect on the market for the original, or the original's 
factual nature, are in its favor.  It's always a balancing, and 
commerciality doesn't weigh so heavily against fair use as you suggest.

--Wendy
--
Wendy Seltzer -- wendy at seltzer.com
Fellow, Berkman Center for Internet & Society at Harvard Law School
http://cyber.law.harvard.edu/seltzer.html