This article has been deleted as the result of Poughkeepsie Journal's threat of a lawsuit, claiming copyright violation. This page quoted one paragraph of text from their multiple-page article as a part of our larger editorial piece, which is allowable under the provisions of the Fair Use Act. and hosted a video which is distributed freely by them for sharing by their offering of an embedding code among the options for free distribution.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
This article violated no laws in quoting a small patch of text to be included in our larger article, however, the editors here have concluded that it simply is not worthwhile to engage the Poughkeepsie Journal in debate of the matter as they have now proven themselves to be an unworthy news source.
9 comments:
this wasnt an accident at all. there are no heros only the lucky
Heroes do extaordinary things in the most trying times. Joe Zehnick is my hero - good luck - stay strong
Joe Zehnick went for help to save his friends. He didn't just get up and phone the police, He had to crawl over railroad tracks and through thick underbrush, scale a cliff and then make it across an estate lawn with life threatening injuries before he found a phone. Thank God there was a phone to be found or else there may have been six lost souls instead nof four. Yes,Joe Zehnick is a Hero!!!
Not knowing the exact cause of the crash or who may or may not be at fault, there is a certain cloud of suspicion hanging over the survivors no doubt. Regardless though, I do see what this man did as an amazing feat of survival and a testament to how much he cared for his friends.
Joe may, and I stress may have been the driver of the boat, and may have been intoxicated. If all of those mays turn out to be true is he still a hero? However is he wasn't driving then he is a hero. I will wait and see what the toxicolligy reprt finds.
I would say yes, he still is. That of course would not absolve him of responsibility either though. Therein lay the real tragedy of drinking accidents. Often times good people who made a terrible mistake.
For real? PoJo expends both time and money to pursue linking to the boat crash instead using that money to hire decent investigative reporters to cover stories and keep government honest. SMH
You got it. After getting the threatening letter, we replied saying pretty much what was posted above there. That it is not illegal to quote a snipped from a news source, so long it was properly attributed. Also, that it is not illegal to embed a video from a news page where they freely offer an embedding code as a "share" option.
Nevertheless, PoJo's agent replied that no more requests would be made and that legal action would be taken if the content was not removed.
In short, they would have lost in court, but I don't have the money to defend the freedom of speech. If there are any lawyers out there who would like to defend us pro bono in such matters, then perhaps together we can make a stand against corporate tyranny.
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