Wednesday, July 16, 2014
How Many Seconds From TV Show?
is a myth. The same is true for the so-called "8-bar" and "8-note" rules. The U.S. Congress refuses to quantify the border between permissible borrowing and infringement and the legislators leave the heavy lifting to the judges. In the U.S., the only course is to review the fair use caselaw to see what's been permitted in the past (and why). By the way, as a very general rule, it's not the amount of time taken but the importance of the section taken and the context in how it is used. Also, our usual disclaimers here: our staff doesn't know Swedish copyright law although a cursory look seems to indicate there is no fair use equivalent.