ESPN: Hashmarks: NFL's consent. Need it?

[Angus]

We've got your expressed, written consent right here

August 2, 2007 9:27 AM

Posted by Mike Sando

Warning: This blog item is copyrighted by ESPN.com for the private use of our audience. Any other use of this item or any screenshots, descriptions or accounts of this item without our expressed, written consent is prohibited.

Yeah, riiiiiiiiiight. Turns out several tech companies have filed a complaint with the FTC seeking to clarify the allegedly bogus warnings we've been hearing on NFL broadcasts all these years. As the Machinest blog on Salon.com notes:

"These warnings are flat-out wrong. Federal law does not say that you're prohibited from discussing, exhibiting or using media in 'any' other way unless you seek authorization first. Indeed, federal law actually says that you need no authorization whatsoever for a host of actions involving media."

What a relief. Still, we're asking readers to wear orange vests with a few corporate logos while using this blog item without our consent.

Which reminds me of the time someone sent a letter to Bud Selig formally asking for permission to show a taped baseball game to friends at a party. Or the time when the Onion ran the headline, "Area man won't do anything without express, written consent of the NFL."

I'm not sure if it's the "express" written consent or "expressed" written consent. Either way, you don't need it.

http://myespn.go.com/profile/hashmarks

 

[Zaxor]

TITLE 17 > CHAPTER 1 > § 107§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors

 

[Zaxor]

pay attention to research and for education purposes as it should allow us to post games or sections of games

 

[DallasCowpoke]

pay attention to research and for education purposes as it should allow us to post games or sections of games

I wouldn't bet the farm on that.

 

[Zaxor]

I wouldn't bet the farm on that.

I lost the farm when I thought that BP was gonna get us somewhere

 

[burmafrd]

bottom line is that as long as its private or for non profit you are OK. Anything public or for profit is asking for trouble. Posting things on the web is considered public; even only on a blog like this.