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Including fair use exerpts within a CC licensed work

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  • Started 1 month ago by Manove

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  1. Manove
    Member

    Normally, one can use the doctrine of Fair Use to include excerpts of copyrighted works in one's own works. However, can you no longer do this if your own work is licensed under a Creative Commons license.

    For example, this post is licensed under a CC-BY license. Suppose I found a really clever copyrighted haiku about CC licenses and I wanted to include it here to discuss it. I wouldn't have any trouble including the haiku on a non CC website because I'd be protected by the Fair Use doctrine:
    http://en.wikipedia.org/wiki/Fair_use

    However, if I pasted it in to this forum post, I'd be giving everyone in the world permission to reproduce the haiku. People would no longer need to credit the original author or ask his/her permission. All that they would need to do is include a link to this post, because I would have essentially released the haiku under a CC-BY license.

    Does this mean that we can't use any fair-use excerpts in larger works that are licensed under a CC license? Does the license somehow allow for this?

    Posted 1 month ago #

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