OK, all -

It's been a long day, but I've got a final thoughts on this one. As I've been saying in various threads all day, the threat note from Boebert's people is legendarily bumptious. It's totally without merit.

BUT:
If there's one important message I'd REALLY like to get through, it's this:

If you use other people's works on your site, you MUST be prepared to justify the use of each and every one individually. Not collectively, individually.
If you don't have permission/licenses, that means that you need to be able to make a fair use argument for each individual bit of text or photo or clip that might be protected by copyright.
Photos or text that are US government works are free of copyright. But are you sure that the photo used is an official one? Are you sure *Boebert* has the right permissions?

Do you know if text written by an individual representative is a government work?
As applied to tweets, I don't know the answer to that last question off the top of my head, by the way. I'd need to research.

And, of course, for photos that aren't government works (like pre-office shots, most selfies, etc), you definitely need to think about fair use.
This is true for each individual photo. If 24 of the 25 photos you used are fair use, that's great. But the 25th can still cost you a bundle.

That's all I'm saying. But I think it's pretty important.

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More from @questauthority

3 May
What - and I do not say this lightly - the absolute BLOODY HELL????

U.S. Government works are not subject to copyright protection. Of course, @laurenboebert is clearly utterly legally and constitutionally illiterate, so who knows if the works are actually Government works.
Regardless of the actual copyright status of the works - and I can't express any opinion on that - the takedown demand itself is drafted at a "my client is not literally faeces" level of clownerific bumptiousness.
All that said, the interaction of Copyright and the First Amendment can be a particularly fraught area, so I don't really have an opinion on the merits of the situation just yet.

But holy yikes Boebert and her staff might be dumber than they are nuts.
Read 8 tweets
1 May
Let's talk about @what3words, whatfreewords, and how IP protection can effectively doom things. This is going to be a longish thread, and I may do a follow-up on stream Wed.
At the start, I think it would be good to clarify the nature of the legal threat that W3W sent out. My read is that it is not targeted at the criticism of their product, but 'just' at anything that might make it easier to find whatfreewords.

That limited threat is, of course, not necessarily going to save them from a well-deserved Streisanding. But if they're going to be Streisanding themselves, let's see if we can highlight the true nature of the problem:

Read 27 tweets
30 Apr
I haven't heard of this. But I can make sense(-ish) of this.

In the case where sentences a and b are truly about the quote, there's no difference. The question with an epigraph (start of chapter quote) is the same old "what does it comment on" idiocy that pervades fair use.
The landlordian argument that the publishers will advance will be "in-text quotes comment on the original and we can live with that, but the start of text one really illustrates what the chapter is about, it doesn't really comment on the original, so pay."
This is, of course, egregiously rent-seeking because it both presumes that the commentary is necessary for a favorable finding under the first factor and ignores the fact that the 3rd and 4th factors will favor fair use regardless.
Read 5 tweets
28 Apr
Good evening, everyone.

It's Wednesday, and we've got our weekly Twitch lawsplainer stream starting in a bit less than 2 hours, at 7:30 Central.

On tonight's agenda:
For our basic concept, we'll touch on a subject related to today's school speech case at SCOTUS that seems to be causing some confusion: the question presented, and how it can limit what the Supreme Court can do.
We'll follow that with school speech. I'll talk about the prior cases in this area, and then we'll take a quick run-through of the transcript from today's argument at the Supreme Court. What we'll be looking at the most is how broad the implications of this one case can be.
Read 5 tweets
28 Apr
OK - Mahanoy Area School District thoughts.

I think the Court is genuinely struggling with this one, and for good reason. We all are.

When you're walking around with everywhere in the palm of your hand, how do you deal with location?
The school and Solicitor General's arguments were problematic - the expansion to Tinker that they are proposing would radically restrict, as a pragmatic matter, the speech of every public school student.

"School speech" is an inherently vague concept.
BL's argument was problematic - the conventional First Amendment rules for speech regulation are an uncomfortable fit, as Justice Sotomayor noted, with a great deal of student conduct outside of school.

And students can't escape school - not easily.
Read 8 tweets
28 Apr
OK - the SCOTUS is in session for Mahonoy Area Schools v B.L.

This is the case about whether a school can kick a cheerleader off the squad for off-campus speech on social media.
I missed the name of the advocate for the school district, but they're doing a good job summarizing the arguments.

The argument is focused mostly, I think, on the chaos that would be caused by a lack of regulation.
CJ Roberts, I think, asking about political speech about schools. How does that get handled?

Response is that it's not connected to the school. CJ is refining the question.
Read 91 tweets

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