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0 pointsGuB-427y ago0 comments

Yep, it is. The directive applies to Hacker News.

And it will certainly be in trouble people decided to use it to post an entire Harry Potter novel and it becomes the go-to place to read it.

But Hacker News has moderators, and in practice, these posts are aren't likely to stay long, therefore fulfilling Article 13 obligations.

I'm pretty sure that movie quotes are not copyright-protected. And the last point in the article seems to be there to protects such uses explicitly.

As for the potential for abuse, I don't know, I am not a lawyer. But as I said before, it is just a directive, not a law, and it is incomplete. The spirit is all we have now, there is still a lot of work to be done on the letter.

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8 comments · 2 top-level

sokoloff7y ago· 6 in thread

Why would movie quotes not be copyright-protected?

They are almost certainly copyright protected, with copyright law provisions granted for certain fair use purposes.

pavpanchekha7y ago

Keep in mind that "fair use" is an American doctrine, not built into international copyright treaties and often defined administratively (not legislatively) in other countries. And we are discussing copyright law in Europe. Europe uses several itemized exceptions to copyright; a movie quote could fall under 5.3i "incidental inclusion" or 5.3k "pastiche", or in some contexts 5.3d "criticism and review", but there's no overall doctrine that "reasonable uses" are allowed.

forty7y ago

According to Wikipedia, fair use is mentioned in the Berne convention https://en.m.wikipedia.org/wiki/Berne_Convention

sokoloff7y ago

That outcome sounds a lot like the outcome of US system.

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pergadad7y ago

The law has an exception for quotations.

vorticalbox7y ago

How can you prove that it came from a movie? You can not copyright words else no one would be able to say anything. That's what trademarks are for.

hyperman17y ago

easy from the perspective of this law: build a db of every line spoken in every movie. Then block all posts containing a line from this db. If this blocks too much, dang provides human appeal.

UPDATE: To be clear, I am very much against this law. The collateral damage will be immense. But the politicians who want this law, they simply dont care.

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jakeogh7y ago

Is HN a EU entity? Sure they could decide to abide, but legally, the EU has no jursdiction over other countries. It's going to (continue to) break up anyway so this is all rather moot.

j / k navigate · click thread line to collapse