One of Bill Schmalfeldt’s new tactics is to try to get information about him that he doesn’t like taken down by claiming his copyright has been violated.

Apparently, Bill Schmalfeldt understand Fair Use law as well as he understands harassment law. In other words, he arrogantly believes he knows the law when quite clearly he does not.

For example. Bill Schmalfeldt confidently claims this is a “:30 Second Rule” that grants fair use to audio. As he told his associate Matt Osborne:

He’s repeatedly claimed that he is an expert on fair use. For example, months ago I asked him to remove my photos, as their use violates my copyright* he responded thusly.

Every photo used qualifies under the US Copyright Law concerning “Fair Use.” You’ve been told this already, Lee? Did you eat a lot of paint chips when you were young?

I’ve fought this battle before, and I’ve always won. You keep forgetting, my friend, I’ve done this work for a long, long time. I understand what I can and can not do under US Copyright Law.

Which also gives you a sense of the journalist professionalism that emanates from Bill Schmalfeldt’s unwelcome direct communications with me.

I am not a lawyer but I can use Google and read English. The official site at Coyright.gov states clearly (emphasis added):

The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Or as this articles called The (non-existant) 30-Second Rule explains it:

Fortunately — and for the most part — most of the students I spoke to did understand that the law somehow limited their ability to just plop in the latest Lady Gaga or Jay Z song as background music. They weren’t exactly sure what those limits were, but they knew there were some. (That has not always been the case. Indeed, when the Internet first burst on the scene, many viewed it as a giant, electronic “candy store” where — with just the click of a mouse button — virtually the entire musical library of the 20th century could be had.)

The limit that most of them had somehow got in into their head was the “30-second rule.” That is, the rule that says as long as you use less than 30 seconds of a copyrighted work — audio or video — everything’s cool.

The problem is: There is no 30-second rule.

Or a 60-second or 15-second rule. I wish there was. My job would be a piece of cake. But there’s not. It’s one of those legal myths that was probably created from wishful thinking.

Simple Formula

(Ignorance + Arrogance) × Poor Research Skills ≠ A Legal Defense.

* For the record, I still believe Bill Schmalfeldt and his associates have used my photos constitutes for an illegal use because I think it’s clear he is not using my work for a legitimate legal purpose but as part of a pattern of harassment. I have not yet filed suit against Bill Schmalfeldt or anyone else on this matter yet, however.