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by dontdoxxme 327 days ago
#include <Usual IANAL comment>

In the US usage like this may be considered "Fair Use", however UK copyright law is less generous in its "Fair Dealing" and associated exceptions to copyright[1].

This is a problem when standards are pushed by US tech companies but don't consider the rest of the world.

[1]: https://www.gov.uk/guidance/exceptions-to-copyright

3 comments

> This is a problem when standards are pushed by US tech companies but don't consider the rest of the world.

What would have changed? This isn’t a problem that can be solved in a protocol. Even if a field was added for license information, it wouldn’t actually constitute a license if someone put the wrong info into the field (claiming to license content they didn’t own). It also wouldn’t have solved anything if there was an implied license for use on, e.g., social media sites as the author re-hosted it on their own domain.

I don’t think it’s fair to blame the tech companies for making a protocol. It’s up to the users to confirm their country allows the usage.

#include <Usual IANAL comment>

> In the US usage like this may be considered "Fair Use", however UK copyright law is less generous in its "Fair Dealing" and associated exceptions to copyright[1].

> This is a problem when standards are pushed by US tech companies but don't consider the rest of the world.

Similarly, the German analogue to the US-American copyright laws (Urheberrecht) has no concept of fair use (meaning that a lot of memes that are based copyrighted material are actually illegal under German law), but on the other hand, as far as I am aware (IANAL), there is more explicit permissions for citations (Zitierrecht) in Germany (instead of relying on "vague" concepts such as fair use), meaning that I conceive at least fictional situations (but IANAL) where it might happen that quotations of copyrighted material are legal under German law, but not considered to be "fair use" under US copyright.

Yeah, one of the tests for "Fair Dealing" exceptions to copyright in Canada is ... could you have produced you work without infringing copyright. If so, then it's not Fair Dealing.