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Thread: Copyrighted material: don't paste it into these forums.

  1. #1
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    Default Copyrighted material: don't paste it into these forums.

    Kindly do not post copyrighted material on these forums. To put it bluntly, this is a violation of federal law and theft from the copyright owners. It is also against forum rules.

    I know it's easy to copy and paste content. Often articles published on the `Net illustrate exactly what we want to say or they contain information that would be useful to other forum members. Nevertheless, publishing copyrighted materials on this forum exposes us and you to the potential for litigation.

    There is a way to appropriately reference external material. It's called "fair use." There's no easy-to-understand definition of fair use, but my understanding of its application in our context allows this: Summarize the content of the article in your own words; if necessary, post a small (no more than a few sentences) excerpt; and post a link to the entire article.

    I am asking the moderators to take firm action on this issue. We will endeavor to help posters do this the right way, but the bottom line is that we cannot permit copyrighted material.

    David

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    Member martentrapper's Avatar
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    How do we know what is and isn't copyrighted?
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    Forum Admin Brian M's Avatar
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    Quote Originally Posted by martentrapper View Post
    How do we know what is and isn't copyrighted?
    A wise man I know wrote this in a discussion of this issue among the moderators: "Generally if you did not write it, you cannot copy it, whether it carries a copyright notice or not. You can post brief quotations, but you must always attribute them to the author / agent.

    The safe bet is just to post a brief excerpt with proper attribution, and a link to the main article."


    That was Michael Strahan's take on it, and I think that's the route we're going to go with this. When in doubt, give credit to the author and/or post a link to the full article. Not all copyrighted material is marked as such, so we're going to play it safe on this one.

    -Brian

  4. #4

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    The U.S. Copyright office has published Copyright Office Basics, which anyone operating a web site, or thinking of posting another's work, should read. The information is written in plain English and is remarkable for its clarity, a circumstance which is virtually unknown in the obfuscatory realm of the intellectual property lawyers.

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    Member BucknRut's Avatar
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    Thumbs up Excellent Explanation!

    Quote Originally Posted by Brian M View Post
    A wise man I know wrote this in a discussion of this issue among the moderators: "Generally if you did not write it, you cannot copy it, whether it carries a copyright notice or not. You can post brief quotations, but you must always attribute them to the author / agent.

    The safe bet is just to post a brief excerpt with proper attribution, and a link to the main article."


    That was Michael Strahan's take on it, and I think that's the route we're going to go with this. When in doubt, give credit to the author and/or post a link to the full article. Not all copyrighted material is marked as such, so we're going to play it safe on this one.

    -Brian
    For those of us that do not know all of the specifics about all of the copyright rules, this is the best practice imho. This is exactly what I teach my kids in computers class. You must give credit where credit is due! Simple as that.

  6. #6
    Member martentrapper's Avatar
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    Well here are some quotes from eidsvolling's link

    "No publication or registration or other action in the Copyright Office is required to secure copyright."
    "Copyright is secured automatically when the work is created, and a work is
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  7. #7
    Member martentrapper's Avatar
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    I'll try to finish the above:
    Copyright is secured automatically when the work is created, and a work is
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    I have less friends now!!

  8. #8
    Member martentrapper's Avatar
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    Something's wrong with the forum tonite.............or are the mods watching me?????
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  9. #9
    Member martentrapper's Avatar
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    Default testing testing 123

    Is there now an automatic limit on what will appear in a post if we copy and paste something?
    I can't help being a lazy, dumb, weekend warrior.......I have a JOB!
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    Forum Admin Brian M's Avatar
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    Not that I know of...are you not able to do so?

  11. #11

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    From the aforementioned U.S. Copyright Office page:

    Who Can Claim Copyright?

    Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
    How to Secure a Copyright

    Copyright Secured Automatically upon Creation

    The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following note.) There are, however, certain definite advantages to registration. See “Copyright Registration.”

    Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the “work”) can be fixed in sheet music (“copies”) or in phonograph disks (“phonorecords”), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

    Publication

    Publication is no longer the key to obtaining federal copyright as it was under the Copyright Act of 1909. However, publication remains important to copyright owners.

    The 1976 Copyright Act defines publication as follows:

    “Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.

    NOTE: Before 1978, federal copyright was generally secured by the act of publication with notice of copyright, assuming compliance with all other relevant statutory conditions. U. S. works in the public domain on January 1, 1978, (for example, works published without satisfying all conditions for securing federal copyright under the Copyright Act of 1909) remain in the public domain under the 1976 Copyright Act.

    Certain foreign works originally published without notice had their copyrights restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b and see the “Notice of Copyright”section of this publication for further information.

    Federal copyright could also be secured before 1978 by the act of registration in the case of certain unpublished works and works eligible for ad interim copyright. The 1976 Copyright Act automatically extends to full term (section 304 sets the term) copyright for all works, including those subject to ad interim copyright if ad interim registration has been made on or before June 30, 1978.

    A further discussion of the definition of “publication” can be found in the legislative history of the 1976 Copyright Act. The legislative reports define “to the public” as distribution to persons under no explicit or implicit restrictions with respect to disclosure of the contents. The reports state that the definition makes it clear that the sale of phonorecords constitutes publication of the underlying work, for example, the musical, dramatic, or literary work embodied in a phonorecord. The reports also state that it is clear that any form of dissemination in which the material object does not change hands, for example, performances or displays on television, is not a publication no matter how many people are exposed to the work. However, when copies or phonorecords are offered for sale or lease to a group of wholesalers, broadcasters, or motion picture theaters, publication does take place if the purpose is further distribution, public performance, or public display.

    Publication is an important concept in the copyright law for several reasons:

    Works that are published in the United States are subject to mandatory deposit with the Library of Congress. See discussion on “Mandatory Deposit for Works Published in the United States.”

    Publication of a work can affect the limitations on the exclusive rights of the copyright owner that are set forth in sections 107 through 121 of the law.

    The year of publication may determine the duration of copyright protection for anonymous and pseudonymous works (when the author's identity is not revealed in the records of the Copyright Office) and for works made for hire.

    Deposit requirements for registration of published works differ from those for registration of unpublished works. See discussion on “Registration Procedures.”

    When a work is published, it may bear a notice of copyright to identify the year of publication and the name of the copyright owner and to inform the public that the work is protected by copyright. Copies of works published before March 1, 1989, must bear the notice or risk loss of copyright protection. See discussion on “Notice of Copyright” below.

    Notice of Copyright

    The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

  12. #12
    Member martentrapper's Avatar
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    Well look at that, eids copied and pasted a whole bunch of copyrighted material.
    Again, how do we know what will and will not be allowed?
    I can't help being a lazy, dumb, weekend warrior.......I have a JOB!
    I have less friends now!!

  13. #13

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    "Publications Incorporating U. S. Government Works

    "Works by the U. S. government are not eligible for U. S. copyright protection. For works published on and after March 1, 1989, the previous notice requirement for works consisting primarily of one or more U. S. government works has been eliminated."


    Okay, I'm done doing the legal legwork. Anyone wants to know more on this subject, please read all the material at the link I posted above and talk with an IP lawyer if you decide you need to do so. (No, I'm not one.)

  14. #14

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    methinks you all are a bit too worried about big brother?

    Can forum owners/moderators be held liable or accountable for ALL content posted by subscribers??

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