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©opyright Law
There's been some question about the copyright issue, usually with folks
thinking that if they include attribution it's okay.
To hold a copyright means that you, and you alone, have the RIGHT to COPY.
(In the U.S., every piece can have a variety of copyrights, specifying a
particular venue in which that copyright holder may copy, but let's not
confuse the basic issue.)
That's not "right to copy, so long as I provide credit".
It's "right to
copy", period.
If you're not the copyright holder on a piece, you do not
have the right to copy it without permission from the copyright holder.
And, for all countries subscribing to the
Bern Convention on copyright
issues, a piece is automatically copyrighted upon creation.
WHAT THIS MEANS TO LISTERS. When you create something tangible, you hold
the copyright to it.
Sending it to BB, as per the instructions for
sending posts to this list, is an implicit permission for BB to send it to
the list-at-large, and any other parts associated with this list, like the
archives.
Nowhere else.
It's not permission for the rest of us to
forward it out of the list.
Retaining our own archives for our own,
personal use has always been allowed, which is why there's copy machines
in libraries and the like.
The TI list is already different from most lists cuz Dave(coil)Smith runs
a separate, though official, "best of" archive for TI.
So, technically,
when we write to the list, we're implying permission to copy in four
different ways:
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· the list itself |
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· the list archives |
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· Dave's "best of" archives |
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· individual copies sent to listers |
By subscribing to the list, we're implicitly giving our word that we will
not make copies of list posts beyond those four uses.
(It's still nice that Dave asks explicit permission, since most of us
probably don't remember from day to day that our words could become
permanently attached to another site outside where the list is archived.
Nice if he does, but not illegal if he doesn't.)
NOW.
If you want to bring in someone else's copyrighted work, you have to
ASK PERMISSION before sending it to BB (or anywhere else, for that
matter).
Then, when you send it along, include a statement of permission
identifying who granted it and under what conditions.
Many copyright
holders have their own boilerplate permissions; if you get one of those,
use that instead of your own words.
Sometimes, a work itself includes the
permissions; include that, then, when you forward.
This is the law in the U.S.
The people at UGA could escape (most)
liability by saying they didn't know it was happening on a list they were
hosting.
Since we're moving to the server at my company, NiEstu, and since
I know about the practice, I would be even more liable than BB if, say,
Dave Barry decided to crack down cuz one of his articles got sent through
here.
By hosting the list, NiEstu (me) is the "publisher"; by moderating
the list, BB is the "editor".
WHAT ABOUT FAIR USE?
Good question.
U.S. copyright law allows for minor
verbatim quotes from a copyrighted work, without permission, for the
purpose of education, review, commentary, and so forth.
That's how,
f'r'instance, it's cool for us to quote pieces of other people's posts
when we reply to them:
we're copying just a part, for the purpose of
commentary.
That means it's also cool to quote, say, a few pertinent
lines or paragraphs from an article, and then give the rest of us
attribution and where we can find the larger piece.
So, when you find
something on the net that you think the rest of us would be interested in,
a much simpler way to share it with us is to tell us about it and give us
the URL.
We learned something important in the past few months, too.
Remember when
Ralph tried to send in only a paragraph, but the whole article came
attached?
We learned then that AOL schleps the whole thing through, even
if the poster thinks it's been deleted.
I'd never before heard of a
system doing that, and was surprised AOL of all places did it, but now we
know that our AOLers will have to cut up quotes offline and then upload
them into their mail.
(Sorry, AOLers!)
For more information on copyright, a good starting point is Brad
Templeton's "10 Big Myths about copyright explained", which can be found
at
http://www.templetons.com/brad/copymyths.html
Although Brad's a USian and explains copyright from a USian perspective,
his discussion includes links to further information for folks from a
variety of countries.
Caveat:
Although we have listers from around the world, we have to follow
USian copyright law because the list is hosted on a machine which is
physically located in the U.S.
Donna.
Cybrarian, NiEstu
donna.s@niestu.com
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