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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I'm a freelance editor with a question about potential

Customer Question

I'm a freelance editor with a question about potential Copyright Infringement and the Fair Use exception.
On any given day, i can usually detect at least 1 juicy grammatical error on the front page of any major U.S. newspaper.
Accordingly, and to demonstrate my "chops" as an editor, i would like to photocopy or transcribe articles from national newspapers like The New York Times or The Wall Street Journal and mail or email it to specific prospects as a way saying, inasmuch ... if i can detect errors in iconic publications like this, imagine what i can do for your publication.
Generally speaking, does this proposed application -- and highly limited dissemination of otherwise copyright protected material -- pass the 4-point test outlined in Title 17 of the U.S. Code pertaining to Fair Use?
Submitted: 9 months ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 9 months ago.

Thank you for using JustAnswer.

Yes. Basically like Jay Leno's Headlines. You can include the surrounding part, etc... But once you start to include the entire page, article, and so on, that's where it's not allowed. But fair use allows for the use of copyrighted material for comment, criticism, parody. This would suffice. It would be commenting on the use. Note that the 4 part test is not exclusive. That is, you can fail one of the parts (that the use is for commercial purposes) but still be fair use, and if you have it limited enough (using only a small section) then that would be okay.

Also note that the company that you take the articles from would have to know about the infringement in the first place to do anything about it, and even then it's not certain that they would, due to the costs and clear fair use implications that would be brought up. There's very little money in "old news", so it's not though your work is impacting the market for the copyrighted materials that you'd be using.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 9 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 9 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 9 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 9 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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