To be completely accurate, I began at Minds Eye asking individuals for
permission, was told by the Mods that was not necessary because the
posts here were public domain, so stopped. Sometime later, the public
domain issue was challenged, and copyright/fair use laws concerning
cross posting and copying the Minds Eye posts were discussed again.
Truth is, there are many sites that pull these discussions with an rss
feed and are used only for advertising. My blog is different than
that, I make no money from it, and use it to create discussion and
develop ideas. I change fictitious names to real names when I know
them with permission and in respect because I think we are all adults
with adult names in the discussions.
Thanks, Twirlip, for your permission.
Applicable fair use and copyright law (taken from our last discussion
as referenced by the members here - thanks again)
17 USC Sec. 102 holds your answer. TITLE 17 - COPYRIGHTS, CHAPTER 1
-
SUBJECT MATTER AND SCOPE OF COPYRIGHT, Sec. 102. Subject matter of
copyright: In general
(a) Copyright protection subsists, in accordance with this title,
in original works of authorship fixed in any tangible medium of
expression, now known or later developed, from which they can be
perceived, reproduced, or otherwise communicated, either directly
or with the aid of a machine or device. Works of authorship
include
the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
This is the raw law. Let me point you to
http://uscode.house.gov/download/pls/17C1.txt
which along with the above law also has the historical and revision
notes which describe what the law is intended to encompass and how it
should be interpreted.
n top of the above is what you can do if the copyright of something
of which you have been the original author is violated -- about all
you can do is send them a cease and desist order, which if they
snubbed you could go to a court of equity to force them into
compliance. But you couldn't sue them for monetary damages because
there would be none. First of all, in posting on a forum such as
this
you have no expectation of profits so there is nothing to sue for.
There are four elements to a lawsuit. There has to be a duty (such
as
not to steal someone else's work and represented it as your own),
then
there has to be a breach of that duty (such as that person taking
your
words and using them as their own), then that breach has to be the
proximate cause (the most direct result) of damages which you
suffered. Since you had no intention to reap a gain from your words
here, there was no loss except to your ego which is not a compensable
item.
Title 17 Chapter 1 Section 107 (Limitations on Exclusive rights: Fair
use)
§ 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.
On Jan 16, 6:17 am, Twirlip <[email protected]> wrote:
> How do you find out the correct legal form of words to use in cases
> like this? Again, just curious. I've always been mystified by
> legalese.
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