March 18, 2011

Righthaven loses second fair use ruling over copyright lawsuits

By Steve Green

An Oregon nonprofit did not infringe on copyrights when it posted without authorization an entire Las Vegas Review-Journal story on its website, a judge ruled Friday.

U.S. District Judge James Mahan said during a hearing he planned to dismiss, on fair use grounds, a copyright infringement lawsuit filed against the Center for Intercultural Organizing (CIO), in Portland, Ore.

The lawsuit was filed last year by Righthaven LLC of Las Vegas, the Review-Journal's copyright enforcement partner that also enforces copyrights for the Denver Post.

Mahan, who last year raised the fair use issue in the CIO case without being prodded to do so by CIO attorneys, said the copyright lawsuit would be dismissed because the nonprofit used it in an educational way, the CIO didn't try to use the story to raise money and because the story in question was primarily factual as opposed to being creative.

The judge also found there was no harm to the market for the story.

continued

related:

Judge questions whether nonprofit’s Web posting harmed R-J

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code Circular 92 Chapter 1 § 107. Limitations on exclusive rights: Fair use