Comments on: Another Blogger Wins a Fair Use Defense For a Photo–Leveyfilm v. Fox Sports https://blog.ericgoldman.org/archives/2014/07/another-blogger-wins-a-fair-use-defense-for-a-photo-leveyfilm-v-fox-sports.htm Sun, 27 Jul 2014 18:13:53 +0000 hourly 1 By: f-fuh f-fuh f-f-feeds | C y b e r L a w L a t e l y https://blog.ericgoldman.org/archives/2014/07/another-blogger-wins-a-fair-use-defense-for-a-photo-leveyfilm-v-fox-sports.htm#comment-952 Sun, 27 Jul 2014 18:13:53 +0000 http://blog.ericgoldman.org/?p=12717#comment-952 […] Another Blogger Wins a Fair Use Defense For a Photo–Leveyfilm v. Fox Sports — Eric Goldman / Technology & Marketing Law Blog […]

]]> By: Eric Goldman https://blog.ericgoldman.org/archives/2014/07/another-blogger-wins-a-fair-use-defense-for-a-photo-leveyfilm-v-fox-sports.htm#comment-949 Tue, 22 Jul 2014 18:28:00 +0000 http://blog.ericgoldman.org/?p=12717#comment-949 In reply to cglassey.

Totally agree. Fortunately, we have seen some bloggers win fair use cases on a motion to dismiss. Even then, it’s too expensive. Judges can award fees under 17 USC 505, but I don’t think that’s reliable enough to give comfort to bloggers. I do like the anti-SLAPP solution, and I wish we extended the anti-SLAPP principles to a broader range of content publication problems faced by bloggers. Eric.

]]> By: cglassey https://blog.ericgoldman.org/archives/2014/07/another-blogger-wins-a-fair-use-defense-for-a-photo-leveyfilm-v-fox-sports.htm#comment-948 Tue, 22 Jul 2014 18:21:00 +0000 http://blog.ericgoldman.org/?p=12717#comment-948 The huge problem here, as you know, is that the only way to win is to spend huge sums of money defending yourself in legal proceedings, and then a Judge rules “you are OK, fair use applies.” The “winner” is now looking at a legal bill that is likely in excess of $100,000 and which could go higher if the other side appeals. Fair use is a fine idea in theory, but in practice, without an inexpensive means to use the defense, it is only feasible for people with vast amounts of spare cash. What is desperately needed in copyright law is a cheap, fast, easy-to-apply rule which tells everyone what is, and what is not allowed. We don’t have that in copyright law now.

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