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Re: [GWL]: Copyright

> > 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?

No, she most definitely is not.

The most important thing that you can do is register your works with the
copyright office before publishing them.  You aren't allowed to sue for
damages until you have, and if they're registered beforehand you can sue
for much more.

In terms of the Web, each time that an article is viewed it can be deemed
republication (unauthorized, in this case).

I suggest that you mention to this person that if the author has lost revenue
of over $10,000, this can be tried as a felony offense.

I would also recommend registering the articles with the copyright office
now (individually, $25 each).  At that point the author will be poised to
take legal action if necessary, and will be better armed in the future if
this should happen again.

Although I'm not a fan of it, I suspect that some provisions under the DMCA
would also have bearing.  I haven't read it in a while, but can check if
you'd like.

Finally, since she says 'until otherwise disclosed', I'd tell her to pull
the articles ASAP and make it clear that any other articles are not allowed
either.

Chris

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