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Author Topic: Copyright and Fair Use  (Read 1041 times)
TygerMoon Foxx
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« on: July 06, 2008, 05:14:25 PM »

You may post whatever you feel might be of interest to the group:  things which will spark discussion, craft ideas, insights or whatever inspires you.  However, I do ask that if the material is not written by you or your own personal creation, that you follow copyright guidelines.

Copyright can be confusing, especially when it concerns digital media, news groups, and mailing lists.  The following information should help clarify things and keep things lawful.

You may post the complete work if:
 
1. The author has granted permission or has stated it may be freely distributed. Either way, please include this information under the authors name.
 
2. The work is in the 'Public Domain'. Generally speaking, that includes most material published prior to 1923.
 
3. It is a recipe, list of information, instructions or purely factual information. There are exceptions.  If the recipe also contains an article or information about the recipe, ingredients, or instructions then that information is copyrighted because it contains creative content.  Such works should not be posted in full without the prior two conditions being met.

4. Newsletters and fliers may be posted in full provided that it is stated somewhere in the document that you may forward/share freely or you have permission of the author/creator/distributor. 
 
If none of the above apply, it is still possible to send a partial post of material. This is called fair use.  Fair use isn't precisely defined but the general guidelines indicate that you should either post an original summary with a link to the full article or quote no more of the material than you need to make your point and include a reference to the original source.

Here is a portion from copyright law on Fair Use.

17 U.S.C. 107 (1988 & Supp. IV 1993). Section 107 provides in part:

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 following DO NOT constitute compliance with copyright law:

1.  Simply including the author's name and contact information or the original source of the article

2.  Posting something which does not have a specific copyright attached

3.  Assuming that because it was posted on the Internet, in a mailing list, or on a newsgroup that it is public domain.

ANYTHING posted to the internet containing original content is considered published and therefore subject to copyright laws.

Other useful resources include:

The Copyright website

Ten Big Myths About Copyright

Legal Database: Copyright Laws and the Internet
Logged

"No man in the wrong can stand up against a fellow that's in the right an keeps on a-comin."

-- Texas Ranger Captain W. J. McDonald
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