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Re: [GWL]: Copyright



Douglas Green wrote:

> No. You indeed do require permission and a lack of permission does not
> imply permission. "Fair use" (there's an excellent description of this btw
> in 14th Chicago Manual of Style) is interesting.  Fair use does not extend
> to using the entire article but rather a section of it to illustrate a
> point.  "How much" is "fair use" is the subject of numerous lawsuits.
> Quoting the entire thing is *not* fair use however and just to add insult
> to injury - voluntary organizations are indeed subject to copyright rules.

>
>
> Toss a lawyer at her.

Do you know any good heavy ones? ;-)

I'm very familiar with fair use - believe me at the University faculty had it drummed into them
constantly so I know using an entire piece isn't fair use at all. The way I define it for myself
(and for my students) is that in fair use is to "borrow" so much of the original that the reader
has no need or motivation to seek out the original.

What makes it sticky here is the fact that the articles are online and no one pays us extra to
read them. So we lose nothing in the sense that no one would be buying or paying per view for
that work anyway.

And registration costs more than we get paid for the original use of the piece. So the only thing
the illegal use does is MAYBE cut down on a potential reselling of the work.

The person did pull the articles with a very snooty remark about depriving readers of the
potential benefits they might have derived from having access to the piece on her site.

> ps. I'm in Orlando Thursday night if anybody is going to be there early.
> Drinks? Dinner?

Sorry - I'm arriving (too early) on Friday morning. But I do owe you a beer. ;-)
Carol
--
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