What Constitutes Fair Use of Published Scores and Tasting Notes?

WINE TALK
21

Nice insight, Corey!

22

I know whenever I host a Piemonte-oriented tasting, I always print up wine menus replete with tasting notes from known authorities like Bill Klapp and Ken Vastola in order to aid the guests in properly contextualizing what they are drinking. Does this qualify as fair use [cheers.gif] [wink.gif]

23

93…95…89…91…89…96, etc.

Since I didn’t identify the source does that make for an actionable use of these scores? [rofl.gif]

Just kidding, of course; kind of like quoting the 1107th Amendment to the Constitution…or was it the 1108th? [scratch.gif]
People use scores for numerous reasons, I suppose, but personally I can’t get used to using such.

Hank [cheers.gif]

24

Yes. It’s what I was trying to say. Corey put it more clearly.

So if the critic’s lawyer argues that the work is an exercise in creative writing akin to Hemingway, he’s on safer ground in terms of the law but he devalues the “critical” part of the work.

25

Retailers, such as Farr Vintners, do reproduce entire tasting notes from many critics during their Bordeaux EP offers. See example which is still current: Beychevelle 2009. Fine Wine from Bordeaux

Do these retailers have special permission?

Do some critics, up and coming, get a kick out of being ‘noticed’ if their Tasting not is used by retailer. Its kind of free publicity…