Los Angeles Times v. Free

Republic

Katy ClevengerFall 2011

Introduction to Library and Information Science

Why the Law Suite?O The Free Republic website was posting full

length copies of news articles from the Los Angeles Times and the Washington Post.

O According to the Tech Law Journal (1998-2008) the Los Angele Times and the Washington Post sued the Free Republic website for copyright infringement for publishing copies of news stories from their website without permission (LA Times v. Free Republic).

O Tech Law Journal. LA Times v. Free Republic. (1998-2008). Retrieved November 7, 2011, from http://www.techlawjournal.com/courts/freerep/Default.htm

A CompromiseO The Los Angeles Times and the

Washington Post wanted the Free Republic website to post excerpts of the Articles and use hyperlinks to the original source for the full text (L.A. times v. Free Republic).

O Wikipedia. L.A. Times v. Free republic. (2001). Retrieved November 7, 2011, from http://en.wikipedia.org/wiki/L.A._Times_v._Free_Republic

Response to the dealO Jim Robinson (the creator of the Free

Republic website) replied the newspapers would have to “rip the keyboard from his cold dead fingers” (L.A. Times v. Free Republic).

O Wikipedia. L.A. Times v. Free republic. (2001). Retrieved November 7, 2011, from http://en.wikipedia.org/wiki/L.A._Times_v._Free_Republic

DefenseO The Free Republic used the fair use

defense and then later cross-filed for summary judgments citing a First Amendment defense after the fair use defense was rejected by Judge Margaret M. Morrow (Wikipedia, L.A. Times v. Free Republic).

O Wikipedia. L.A. Times v. Free republic. (2001). Retrieved November 7, 2011, from http://en.wikipedia.org/wiki/L.A._Times_v._Free_Republic

What is Fair Use?O According the website Whatis.com O Fair use is a legal concept that allows the reproduction

of copyrighted material for certain purposes without obtaining permission and without paying a fee or royalty. Purposes permitting the application of fair use generally include review, news reporting, teaching, or scholarly research. The idea of fair use originally arose for written works. But with the advent of digital technology and the Internet, fair use has sometimes been applied to the redistribution of musical works, photographs, videos, and computer programs. The limits of fair use are not always clear. Fair use may (but does not always) include the reproduction of a song or photograph to give to a single relative or friend as a gift (Fair Use).

O Whatis.com. Fair use. (2008). Retrieved November 8, 2011 from http://whatis.techtarget.com/definition/0,,sid9_gci1089600,00.html

What does the First Amendment say?

O According to the Cornell University Law School the first Amendment says Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief (first Amendment).

O Cornell University Law School Legal Information Institute. First Amendment. (2010). Retrieved November 9, 2011, fromhttp

://www.law.cornell.edu/wex/First_amendment

What do I think?O This freedom does not mean that

someone can copy something exactly just because it is news and claim it as their own work. Or in this case make it so the original author will not get the monetary benefit that they would otherwise get from their work. Those are still the words of the original author. Mr. Robinson did not try to change the work in any way to make it his own and in most cases he would say where he got the information from freely.

What do I think?O The thing that I think is most

interesting as I was researching this court case was the fact that there was a copyright date on the Free Republic website. He did not want anyone to still “his” work, but it ok for him to still someone else’s work.

ReferencesO Cornell University Law School Legal Information

Institute. First Amendment. (2010). Retrieved November 9, 2011, from http://www.law.cornell.edu/wex/First_amendment

O Tech Law Journal. LA Times v. Free Republic. (1998-2008). Retrieved November 7, 2011, from http://www.techlaw journal.com/courts/freerep/Default.htm

O Whatis.com. Fair use. (2008). Retrieved November 8, 2011 from http://whatis.techtarget.com/definition/0,,sid9_ gci1089600,00.html

O Wikipedia. L.A. Times v. Free republic. (2001). Retrieved November 7, 2011, fromhttp://en.wikipedia.org/wiki /L.A._Times_v._Free_Republic