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by throwaway2037
526 days ago
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I would be more nuanced on this matter. As I understand, in the US, fair use allows media to write critiques of cultural artefacts (sorry, I cannot think of a better, broad term). For example, you can include small quotes from the film script when writing a critique of it without requiring permission from the owner of the copyright. And, until the World Wide Web arrived to the masses in the mid-1990s, most critiques were published by commercial media outlets, such as a daily newspaper. They were certainly published by commercial, for-profit entities. That said, I think the intent of the fair use is very important to the courts, much more than the entity that is doing the fair use (newspaper, blogger, etc.). Another weird carve-out for copyright law in the US: parody. Honestly, I don't know if other jurisdictions allow parody in the same protected manner. |
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Germany: https://www.gesetze-im-internet.de/urhg/__51a.html (Though this explicit carve-out is a recent development, though generally speaking parodies were allowed even under the previous version of the law.)