Copyright law- [m]

[Coldwater]

COPYRIGHT: http://www.whatiscopyright.org
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NOTES;

The definition of copyright is:

"the exclusive legal right to reproduce, publish, and sell the matter and form"

What this means is that you cannot copy and paste an article with a copyright to any forum, whether it be a website, audio or print without express written consent from the copyright owner.

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Some questions:

"If it doesn't have a copyright notice, it's not copyrighted.?"

This was true in the past, but today in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. This applies to pictures, too. You may not scan pictures from magazines and post them to the net, and if you come upon something unknown, you shouldn't post that either.

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"They e-mailed me a copy, so I can post it."

To have a copy is not to have the copyright. All the E-mail you write is copyrighted. However, E-mail is not, unless previously agreed, secret. So you can certainly report on what E-mail
you are sent, and reveal what it says. You can even QUOTE PARTS of it to demonstrate but if you want to stay strictly in the law, you should ask the author first.
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These days, almost all things are copyrighted the moment they are written, and no copyright notice is required.
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Fair Use Law:

§ 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


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[Coldwater]

Help with quotes and copyrights


I have a question regarding quotes of verbal speeches.

If a person delivers a speech in public, and it happens to be widely reported, would those words be considered to be protected by a copyright? Would that speech be able to be quoted in its entirety since it was not written?

For instance, wouldn't the Gettysburg Address be allowed in its entirety without violating copyright laws, even though the actual source of the quotation was a textbook which is protected by copyright?

Thank you for your help with this.
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Re: Help with quotes and copyrights


You answered yourself : "though the actual source of the quotation was a textbook which is protected by copyright?"
If you would post it, you would be posting from the ACTUAL source, which as you say is copyrighted.

If at anytime you can "quote" a whole SPEECH word for word, you are to be congratulated If you report on the contents of a full speech you are paraphrasing it which is not copyrighted.

Common sense is a good rule to make decisions with.

[Coldwater]

(1) What is copyright?



We strongly encourage Scribd users to familiarize themselves with copyright law before creating and uploading documents. We offer the following links to copyright law resources for informational purposes:



· U.S. Copyright Office – Copyright FAQ



· Chilling Effects Clearinghouse – Copyright FAQ



(2) What type of materials are copyrighted?



Copyright is the right of an author of a creative work to prevent others from using that work, including copying it. Copyright can cover almost any creative expression (including a book, comic book, writing, or picture).

If you did not create a work and do not have the consent of the copyright holder to publish or use it, your use of that work may be unauthorized.

(3) What happens if I upload documents for which I don’t own the copyright or have consent of the copyright holder?

If you upload documents to which you don’t own the copyright and don’t have permission to upload, you risk getting sued by the copyright owner. If we are notified that a document you have uploaded on Scribd infringes someone’s copyright, we will notify you and take down the document you posted. This is required by law. If you persist in uploading unauthorized content, we will, pursuant to our Repeat Infringer policy, ban you from using the Scribd Service.

If you are banned from using the Scribd service, pursuant with our Repeat Infringer Policy, we will close your Scribd account and also block your IP Address. This will occur even if you have uploaded documents anonymously. Once a document on Scribd has been marked as copyrighted, our software will automatically ban other documents which are very similar.



(4) What about fair use?



The "fair use" doctrine is a defense to copyright infringement in the United States that allows the reproduction of a work for certain limited purposes such as criticism, commentary, parody, news reporting, research and teaching. Fair use is a complicated doctrine, and it is an open question whether a particular use of a copyrighted work constitutes fair use. You are responsible for your contributions and may be liable for money damages if it is determined that you wrongly assumed that your use of certain content constituted “fair use”.



We offer the following links to various copyright law resources relating to the fair use doctrine for informational purposes:



· U.S. Copyright Office – Fair Use



· Stanford University Libraries – Copyright & Fair Use



· Chilling Effects Clearinghouse – Copyright and Fair Use





(5) Further Information Regarding Copyright Infringement:



· The length of a copied document does not matter, nor does the amount you may have copied: even a copying a small portion of a document may cause you to be liable for copyright infringement.

· A copyright notice (i.e. ©) is generally not required for a work to be protected by copyright law.

· Distributing documents containing copyrighted content without the copyright owner’s permission is a violation of copyright law even if you give the document away for free.

· There is no exception for “private” copying in U.S. law. Even if you share a work with only a small group of your friends or family, you could still be liable for copyright infringement.

· You can be liable for copyright infringement even if you give attribution to the owner or author of the copyrighted content.

· Even if you used your creativity to make a new document that contained another person’s copyrighted work, you may be liable for copyright infringement.

· Even if there are documents on the Scribd site similar to the one you uploaded, you may be liable for copyright infringement if you upload an unauthorized document.

· The only way that you can know for certain that a document does not infringe anyone else’s copyright is if you created the entire document yourself (including any images) without using anyone else’s copyrighted work.





IMPORTANT DISCLAIMER: WE ARE NOT YOUR ATTORNEYS AND ThE INFORMATION CONTAINed IN THis Copyright FAQ is for your general information only. the information contained in this faq is not legal advice of any kind. this faq may not cover important issues that affect your use of content. you may wish to consult with an attorney about such matters.

[Coldwater]

You may use a link or URL to a picture. If the URL is a personal pic of a person you must have their permission first to post it.
If you use a pic from someone's personal photo site you need their permission to use it also.

You cannot go to a newspaper or magazine article & copy a picture.
[ie; news pics, or celebrity pics, etc]The photographers get paid for all pics they take and would lose money if everyone would just copy it and use it. You must link to it so it gives credit to the photographer and paper.


Using free gifs like the birthday cake is fine. If it is a cake you made and took a pic of that is ok but mention it is YOUR picture

If I've forgotten anything please advise.

[Hannabe]

How can I tell if my copying is allowed by fair use provisions of the Law?

There are no explicit, predefined, legal specifications of how much and when one can copy, but there are guidelines for fair use. Each case of copying must be evaluated according to four factors:
The purpose and nature of the use.

If the copy is used for teaching at a non-profit institution, distributed without charge, and made by a teacher or students acting individually, then the copy is more likely to be considered as fair use. In addition, an interpretation of fair use is more likely if the copy was made spontaneously, for temporary use, not as part of an "anthology" and not as an institutional requirement or suggestion.

The nature of the copyrighted work.
For example, an article from a newspaper would be considered differently than a workbook made for instruction. With multimedia material there are different standards and permissions for different media: a digitized photo from a National Geographic, a video clip from Jaws, and an audio selection from Peter Gabriel's CD would be treated differently--the selections are not treated as a equivalent chunks of digital data.

The nature and substantiality of the material used.
In general, when other criteria are met, the copying of extracts that are "not substantial in length" when compared to the whole of which they are part may be considered fair use.

The effect of use on the potential market for or value of the work.
In general, a work that supplants the normal market is considered an infringement, but a work does not have to have an effect on the market to be an infringement.

http://www-sul.stanford.edu/cpyright.html

The more I learn the less I know, what happened? When I was a teenager I knew everything.

[legalmania]

This is a site that I have used for years. I hope it is o.k. C.W. Don't want to step on anybodies toes. If not you have POV. (Power of Veto) You can find anything from your states bankruptcy law to statutes.

http://findlaw.com/

[legalmania]

For those of you who don't have the time to search the site this will take you straight to intellectual property/copyright. I spend hours at this site there is so much.


http://smallbusiness.findlaw.com/copyright/copyright-basics/copyright-faq.html

[summer4meplz]

Has anyone read coldwater's note this morning about copyright infringement......? I'm not sure what we CAN'T post.....are news articles, magazine articles...youtube videos....news videos...are they postable or would that be infringement.....

[desmom]

I thought we could post little snippets from articles as long as we provided a link. After reading Coldwater's post, I am not sure what we can post anything from an article.

I think we are safe with posting links. :confused:

[desmom]

Where is coldwater's note? Thanks!


http://boards.insessiontrials.com/forumdisplay.php?f=610

[Lapis]

These would be fine as they are in the public domain and not copyrighted. I think the concern is about others posting relative to quotations from books which may not be in the public domain. When you are quoting a book or other material check to see if it is copyrighted. If it is don't quote and don't link. JMO

[Lapis]

If we are referencing said publication.....then are we to paraphrase and post the Name of the publication and the copyright label???

This would work. JMO

[Coldwater]

http://boards.insessiontrials.com/showthread.php?t=349446

http://boards.insessiontrials.com/showthread.php?t=146062

http://boards.insessiontrials.com/showthread.php?t=339651

6 of this link http://www.trutv.com/copyright/index.html#privacy.


I hope this helps but I cannot answer any further questions, this was all in the TOS you signed & must now adhere to on your own as you alone are responsible for what you post.

[Narcissist71]

I place my faith in the "Fair Use" doctrine. After all, I am getting no monetary compensation, and isn't the purpose of this board educational? Such pure intentions ought to outweigh the burden of a minor snippet here and there. LOL!

Katprint
Always only my own opinions

Totally agree.....especially if you link the source....whether you cut and paste a snippet from it.......

most likely most posters here are going to go to the link to read the whole article as opposed to just reading the snippet.....thereby seeing the ads. ;)

Okay ;) ;)

[Jester]

I have always abided by the same rules as academic publications when referencing materials. A small percentage of published, copyrighted articles can be reproduced without permission from the author, however a reference must be provided giving credit to the source. This can be done in the form of a link to the source. An article cannot be copied or reproduced in it's entirety without permission. Use of the copyright symbol, with name and date, is sufficient to indicate copyright. A link to a source would not qualify as a copyright violation according to academic standards.

[hooked2]

So, let's say, hypothetically, there was a message board that was first opened by the owners of a tv station dedicated to showing all things about cats. In order to join, you click the x stating you have read and understand said rules and regs regarding manners, copyrighting, etc... which applied to this message board.

The members for years, regularly pulled quotes from links online about cats. To the moderators' knowledge, no cat lover in the history of the cat lovers message board, was ever actually sued over the use of quoted copywritten material on this board but cannot predict the future.

The all cats tv station was sold and the lawyers for the new owners told the moderator of this message board... 'we want you to reiterate to all members of the board what the official rules and regs are regarding copywriting issues.' Such reiteration and forewarning is the companies' way of affirming they are not financially responsible for any occurences that may be a result of a member's post on their board.

It is really simply standard practice, though the members of the cat lovers message board have their hackles raised over this issue and are in confusion over what the potential penalties may be if they quote and link on this message board.

The moderator was given express direction that they could in no way indicate that things are essentially exactly the same as they've always been; these are and have been the rules of all message boards and nothing has occurred on cat lovers message board... yet the threat of an owner of copywritten material taking action always exists any and everywhere. Because of this, the moderator is given express direction to --->> point the way to the 'rules' and not to attempt to qualify or expound on the 'rules' but to leave the sole responsibility to each cat loving member. This is essentially, to prevent the members from ever coming back with anything similar to, "but the moderator told me I could..."

If the members of the cat lovers message board choose to continue to post quotes they have pulled from copywritten material they do so at their own risk of being sued by the copywriter. If the board owner is contacted regarding posts on their board, the board will direct them to the poster because the board owner's hands are clean, as each member agreed to these rules when joining the original board which was all that was legally required, but as an added protection for the all cat station, they have now been reminded of these rules under new ownership.

This reminder was not implying that posts to the board containing quotes will be deleted, nor does it imply the poster will be banned. Banning as a result of quoting copywritten material will occur only if the board owners are contacted by the copywriter, in which case the poster assumes all responsibility for their actions.

[enigma]

They're not tightening the rules. They are merely placing the responsibility for posting copyrighted material where it belongs - with the poster.

Just because everybody does it, doesn't make it right. They just got tired of moderating it and deleting posts that are possible infringements.

I beg to disagree. The responsibility has arguably always been there, per the TOS. So they are not "placing" it anywhere, since it was there to start with. They are tightening the rules, or expressing an intent to enforce them.

And it didn't become "right" by virtue of "everyone" doing it. "Everyone" doesn't.

In my opinion.

[Coldwater]

http://boards.insessiontrials.com/showthread.php?t=146062

[legalrights]

Copyright laws have been continually scrutinised, especially within the P2P online environment since the rise and fall of Napster in the late 1990’s. In the recent controversy of Grokster Vs MGM, the Supreme Court said “file-sharing technology isn’t, in itself, illegal…technology doesn’t infringe copyrights. People infringe copyrights�? (Anon 2005, 38), further underlying the grey areas that surround the ever-reforming file-sharing copyright laws, surrounding filesharing.

Ongoing copyright debates, and the understanding that users may not be aware of the implications (Michigan State University, 2004) find P2P file-sharing programs displaying a disclaimer from P2P United (2005) ensuring they communicate to their users the importance of the legalities surrounding the issues, stating that “…all P2P users are urged to respect copyright laws and learn more about them�?.

Copyright laws for Australia aim at protecting the owner of the intellectual property, by assigning exclusive rights over the tangible form of intellectual property and creative ideas to a copyright owner. In 2002 an amendment was made to address file sharing. The objects set out in 3 of the Copyright Amendments Act 2000 state parliament's intention to balance these competing needs (Copyright Amendment, 1999).


apostille info (http://www.apostille-info.com)