[Air-L] Permission to reproduce webpages?

Dan L. Burk dburk at uci.edu
Fri Sep 3 10:23:28 PDT 2010

No.  In fact, the leading USSC case on fair use, Campbell v. Acuff-Rose,
involved a successful assertion of fair use after a request for permission
to use the copyrighted work (Roy Orbison's song "Oh Pretty Woman") was

Asking is polite.  Asking is less complicated.  Asking is (usually) less
expensive.  And if you don't get permission, you can claim your statutory
exemption later.

The rest of Gil's comment is spot on, however.


> I'm not familiar with the notion that asking for permission might
> eliminate/jeopardize a future fair use claim. Is there legal precedent
> establishing this?
> -mz
> --
> Michael Zimmer, PhD
> Assistant Professor, School of Information Studies
> Director, BS in Information Science & Technology Program
> Associate, Center for Information Policy Research
> University of Wisconsin-Milwaukee
> e: zimmerm at uwm.edu
> w: www.michaelzimmer.org

Dan L. Burk
Chancellor's Professor of Law
University of California, Irvine
4500 Berkeley Place
Irvine, CA  92697-8000
Voice: (949) 824-9325
Fax: (949)824-7336
bits: dburk at uci.edu

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