Thomas Dalton wrote:
That's
assuming that they are copyvios. The allegation that they were
was never more than a phony excuse to justify deletion. At the very
least, fair use doctrine would likely apply to the bulk of the material,
and fair use is not copyright infringement.
A website made up entirely of copyrighted works does not constitute
fair use. Fair use is for when you are discussing a work and wish to
quote it to illustrate the discussion, or something similar, it is not
for simple compilations of short copyrighted works.
So who is proposing a "website made up entirely of copyrighted works",
apart from the fact that all contributors retain copyrights?
Also fair use is not determined before usage, but after usage. There is
nothing in the law to say that fair use cannot apply to anthologies of
short extracts from a range of authors. In such an anthology the fair
use criteria need to be considered separately for each individual item.
If one happens to fail the criteria it is severable.
Ec