I thought you might be interested in this. It's a summary of the limitations of fair use from Jonathan Baileys article here http://www.blogherald.com/2008/02/18/the-limitations-of-fair-use/
1. Focus on commentary and criticism: Make sure that you are using the work to talk about it. Using a passage from a book to review it, quoting from an essay to rebut it or showing a clip from a TV show to comment on it are all likely fair uses.
2. Use as little of the work as possible: Use short quotes when practical and only thumbnails of images. Really hone in on what you need to use and leave out anything you don’t.
3. Attribute obsessively: Always make sure that you attribute the works you use, not just to help strengthen your point, but to show good faith. Though not always important to a fair use argument, it discourages any potential conflicts before they happen.
4. Focus on transformation: Finally, and most importantly, make sure that your use of the work does not replace the original, but expands upon it. When using someone else’s work, as yourself the question “Do people, after seeing my use of the content, have a reason to view the original?” If the answer is no, then the use is much more questionable than it would be otherwise.
When TSP reblogged my post the result was 75 words from the beginning of the post and a thumbnail image. My copyright in part states: " “A brief excerpt of content (up to 50 words) may be quoted as long as a link is provided back to the source page on this blog and the authorship is correctly attributed.” The full page can be viewed here > http://onecoolsitebloggingtips.com/copyright/
He was not able to select any specific excerpt. The software selected the first 75 words of text form my post. The space allowed for his unique contribution was provided above the reblogged excerpt which was properly attributed BTW.
The position being taken by wordpress.com appears to be that their reblogging feature does fall within the parameters of Fair Use. This announcement was made on June 1dt and it's now June 4th. We are not singing the song they want to hear and IMHO this is a lost cause.
I believe that where it stands is that those who do not like the feature can:
purchase a CSS upgrade and remove the unwanted feature;
make their blogs private;
or leave wordpress.com.