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A comment on Did I Just Give My Permission? The Hashtag as Consent. Parent comment

Re:Did I Just Give My Permission? The Hashtag as Consent by reagency on Saturday October 10, 2015 @11:41PM (#10367946)
Tweets are not Fair Use just because they are short. Happy Birthday was not Fair Use for decades , despite being tweet sized.
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Re:Did I Just Give My Permission? The Hashtag as Consent by digisth on Sunday October 11, 2015 @12:23AM (#10368049)
Joy Butler, an IP lawyer, seems to think that they would be covered by fair use:

http://www.guidethroughthelegaljungleblog.com/2014/07/copyri...

Hasn't been tested in court, though.

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