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[GWL]: Copyright

I know some of you write for the online audience - and that some of you
know your copyright law far better than I do. This week a situation
arose that leaves me both speechless and befuddled and I'd really love
to have an informed opinion on this. Because if the "culprit" of this
story speaks the truth it seems like many of us online writers need to
protect ourselves in some way.

One of my editors just found three of her online articles reproduced in
their entirety on another site. They did give her full credit for the
work - but she never gave permission for that site to use the pieces. So
she wrote to the webmaster to complain and go this reply:

> I did indeed write to your cited addresses and seek permission to use
> the articles. Letters were sent on 6 May and 20 May this year. Looking at my
> email log it would appear that you did not respond to them. Unanswered
> correspondence is implied permission until otherwise disclosed.
>
> Furthermore, under fair use of copyrighted material, since these are not for
> profit or commercial gain [our organisation is a voluntary support group] and
> indeed you are fully acknowledged as the author of these articles, there is no
> plagiarism. Indeed in every sense I have complied with the copyright
> provisions for fair usage of material, vis, I have informed and acknowledged
> the author. I can do no more than this. Under copyright law, that is the
> entire extent of my obligation.
>
I've never heard of anything like this. While I don't consider myself an
expert in copyright I always assumed that you needed consent - not
assumed it because someone didn't answer an e-mail that they may never
have received.

Is this woman correct?
Carol

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