2007-02-09_Newspaper_Articles_re_Healing_Our_Island_Website

Home

Mr. William Kenoi February 9, 2007 Page 5 B. Factor#2: The nature of the copyrighted work The copyrighted works at issue here are newspaper articles published in the Hawai'i Tribune Herald. These articles were previously published in the newspaper, are for public consumption, and are available without charge to the public on the newspaper's website. Thus, HOI's posting of the newspaper articles mirrors the goals of the newspaper, which is to keep the public informed and updated about current issues. HOI's postings actually further publicized the Hawaii Tribune Herald coverage of the drug epidemic. Thus, because the newspaper articles are for public consumption and continue to be readily accessible at no cost to the general public, this factor#2 also weighs in favor of the county's "fair use" of the newspaper articles. C. Factor#3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole "In analyzing the amount and substantiality factor, [a] court must consider not only the quantity of the materials used, but their quality and importance, too." SCQuARE Intern., Ltd. V. BBDO Atlanta, Inc., 455 F.Supp.2d 1347, 1363 (N.D.Ga.Atlanta.Div. 2006) HOI posted substance and anti-drug newspaper articles, which constituted the entirety of each work. Thus, it appears factor#3 weighs against the county's fair use of the newspaper articles. D. Factor#4: Effect of the use upon the potential market for, or value of, the copyrighted work. Although the fair use statute does not indicate how much weight is given to each of the four factors, courts have generally placed the most emphasis on this fourth factor. Bond v. Blum, 317 F.3d 385 (4th Cir. 2003), cert. denied, 124 S.Ct. 103, 157 L.Ed.2d 38 (U.S. 2003). HOI's posting of the Hawaii Tribune Herald's newspaper articles likely would not affect the value of the copyrighted work. The newspaper had already published these articles. The monetary gain from newspaper purchasers and subscribers already occurred on the date the newspaper was published and sold. These articles are currently available to the general public at no cost on the newspaper's website. Thus, along with factors #1 and #2, factor#4 weighs in favor of the county's posting of the newspaper articles, and supports the county's "fair use" of the newspaper articles.