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Thread: quotes of copywrited material
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August 11th, 2010, 11:08 PM #1
quotes of copywrited material
It seems some people a quoting entire articles from online rags. As you may have heard bloggers are be sued for this.
I think we need a new policy here.USNRET '61-'81
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August 11th, 2010, 11:59 PM #2Banned
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Re: quotes of copywrited material
Are they trying to pass other articles as their own thought or are they listing sources? Any examples?
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August 12th, 2010, 01:25 AM #3
Re: quotes of copywrited material
this is just my opinion really, but the very basic legal policy for web boards has been shown again and again in court to be:
"you are ultimately legally responsible for your posts"
note bloggers are being sued... not their hosting services.
however, be aware that for the news forum we have the following policy in teh guidelines :
Comply with all copyright policies of the source
If the source does not allow you to republish their entire article, only post an excerpt, if they don't allow that post a link and your description of the story.
use the brains people, most things can be reposted under fair use... but be aware you can be taken to task by the publisher if they feel like making a stink, we, they usually just ask to have the copyrighted info removed."Oderint Dum Metuant" - BMFH
"Tact is for people not witty enough to use sarcasm"
Note: any whingeing crazy that hits my PM inbox will be deleted without reply
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August 12th, 2010, 08:30 AM #4
Re: quotes of copywrited material
I would say most things posted, have the site linked for reference with it. And in the rare occasions where it isn't provided, it normally is not long before someone asks for a citation. I think, overall, people do pretty good on here with it...
III%
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August 12th, 2010, 10:00 AM #5Grand Member
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Re: quotes of copywrited material
There is a huge difference in what some blogs are doing and what is done here. Some/most of the blogs that are in trouble are ones that repost entire articles just to republish the news.
http://www.copyright.gov/title17/92chap1.html#107
§ 107. Limitations on exclusive rights: Fair use
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.
Ask yourself, do we:
critique the articles when posted?
comment the articles when posted?
news reporting, bring it to the attention of others who would have missed it elsewhere?
teach, do we educate the masses with article?
research, do we use this data for reference to our current situation?
If what is done can pass the 4 factors in the law and the more you can answer the above questions, the more it should pass based on fair use. (my opinion, not law)
But as JayBell implied, it is you that bears the responsibility for what is posted.The 2A does not GIVE us the right. It tells the gov they can not INFRINGE our right.
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August 12th, 2010, 12:12 PM #6
Re: quotes of copywrited material
ok, I see where this is coming from, apparently the las vegas Sun is suing everybody under the sun.
I think at this point, only LINKS to the news website should be allowed.
I'll point this out to Dan."Oderint Dum Metuant" - BMFH
"Tact is for people not witty enough to use sarcasm"
Note: any whingeing crazy that hits my PM inbox will be deleted without reply
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August 13th, 2010, 01:40 PM #7
Re: quotes of copywrited material
"If you write something on the web that you wouldn't want to see in print elsewhere, you must attach a copyright notice to it."
False:
"Nothing modern and creative is in the public domain anymore unless the owner explicitly puts it in the public domain(*). Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain.These days, almost all things are copyrighted the moment they are written, and no copyright notice is required. "You can only get smarter by playing a smarter opponent
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August 13th, 2010, 08:29 PM #8
Re: quotes of copywrited material
Why, because one copyright holder is attempting to enforce the most restrictive reading possible of copyright law?
I hate to think on this forum where we should value open expression of ideas to a high degree, we would cotton such a scheme. The law is somewhat vague, but it is not mud. The posts I read seem to be within the fair use exemption, and I hope we keep letting people post that way.
The problem with just posting links is that the particular web address of articles change frequently, and that often posters (like myself) make use of bold or red text to alert the viewer to specific language we find noteworthy. This is not possible when simply linking.
I think you are strongly overreacting to a deranged publisher. Did you know that forum posts are copyrighted? What happens when you quote someone in your reply? Should we change the rules to allow only links to previous posts?
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August 14th, 2010, 12:12 AM #9
Re: quotes of copywrited material
The forum here has a quote option that will automatically generate the name of the user you are quoting. If you post with a quote, the quote should have the link to that particular post in question, whether outside or on this forum.
That will be assumed to be fair use. You cannot just quote anything on the internet that you want. All that is written on the internet is copyrighted and belongs to the author of such article or post. Unless the author grants free use you have to ask their consent or use the fair use option like I just mentioned.You can only get smarter by playing a smarter opponent
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August 14th, 2010, 04:15 PM #10
Re: quotes of copywrited material
You can indeed quote anything online or off provided your quote falls within the fair use exception. That's the point. Also, since the Youtube case, we know that content host's are not liable for copyright violations if they provide reasonable means for takedown at the copyright owners request. So, this is a non-issue.
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