The Rodney King beating - beyond fair use: a broadcaster's right to air copyrighted videotape as part of a newscast

Article Abstract:

A fair use concept of copyright use that takes into account First Amendment rights is needed to address the use by news broadcasters of images made available through new technologies. Currently, Fair Use considerations do not invoke First Amendment rights, leaving newscasters with little defense from copyright infringement claims if they air something they consider vital to the community, but do not have rights for. Litigation suggests First Amendment claims can be invoked if the news being shared could not be adequately portrayed without the use of the copyrighted footage or image.

Standards, Video recordings, Broadcast journalism

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State and local taxing authorities: taking more than their fair share of the electronic information age

Article Abstract:

State efforts to tax computer services and online services are often unjustified because the state tax authorities use outdated statutes that were never intended to apply to electronic transfers of information. Some states have no mechanism for taxing services so they have characterized these services as the lease or sale of a tangible product. Other states have interpreted old statutes as applying to services never contemplated by the drafters. Clear statutory authority should be developed before state tax authorities impair the free transfer of information.

Taxation, Computer services industry, Information technology services industry, State taxation, Taxation of services, Service taxes, states

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Yesterday's love letters are today's best sellers: fair use and the war among authors

Article Abstract:

The article discusses the way that courts decide if copyrighted material may be used under the fair use doctrine. The author argues that courts ought to consider First Amendment rights as well as public policy concerns in such determinations in addition to the traditional tests.

United States, Freedom of speech, Public policy (Law)

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