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Re: [GWL]: Copyright

Easy solution: Tell her to link to the original if she is so concerned about
the poor readers' welfare.  The income would be used to determine damages --
it does not change the fact that she stole it in its entirety without
permission to use it. Also, it is copyrighted whether or not it is
registered.

Barbara M. Martin
Cottage Garden: "Restoring the American Chestnut"
http://www.suite101.com/article.cfm/cottage_gardening/84136
Current Mid-Atlantic Garden Report: "Paint the Town Red"
http://nationalgardening.com/regional/report.taf?regionid=13
Co-Owner, Gardens List http://www.scin.quik.com/dorsettm/notes.html
----- Original Message -----
From: "Carol Wallace" <gardenwriter@mindspring.com>
To: <Gardenwriters@topica.com>
Sent: Tuesday, November 06, 2001 5:36 PM
Subject: 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
> --
> Virtually Gardening
> http://www.suite101.com/welcome.cfm/virtually_gardening
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