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Archiver > COPYRIGHT > 2002-11 > 1038106485


From: Cliff Lamere <>
Subject: Re: [COPYRIGHT] Re: COPYRIGHT-D Digest V02 #116
Date: Sat, 23 Nov 2002 21:58:30 -0500
References: <F234IzQZt9KAzEjgHFh0000fedc@hotmail.com>


Sandie,

I cannot answer your Australian copyright questions. I would just say that in the US, a title, like the title of a book or even a mailing list, cannot be copyighted. Titles can sometimes be patented or they can get a trademark. It seems reasonable that RootsWeb would have those
rights, however, not the list administrator.

I would suspect that facts could not be copyrighted in Australia, so at a minimum you should be able to use any factual content as long as you didn't copy the other person's original way of expressing those facts. If the facts were stated in sentences rather than columns, just
reword the facts. I suggest you look online. I went to
http://www.google.com I typed in australia copyright "fair use"

Include the quotes. There were a lot of hits, but some sounded like they might be webpages from some official office (like one by a Council). Before I used "fair use", I may have been getting the wrong kind of sites.

Good luck.

Cliff


Ms Fedelmar wrote:

> Hello Cliff.
>
> First my apologies for the delay in answering this ... was in the middle of
> it heard a clap of thunder and pulled the plug!!! Naturally, when I did log
> back on I forgot to reply!!!
>
> Thanks for the information regarding the ISP .. is much clearer now ...
> quite simple actually ... don't know why I didn't think of that :( ... must
> be the pressure of exams ...
>
> As for the other issue ... nope ... the accusation came right out of left
> field ... kappooowwww !!! Was told that this person owned the copyright to
> a the ******- ... I pointed out that there was some
> sort of confusion happening as Rootsweb.com owned the list and I voluntarily
> administered it ... then was told that I plagiarised the work that the
> person had done (because of the list name) ... as I said ... I don't used
> that persons work ... have all my own records ... at least I know that they
> are correct and official as they are primary documents from our Registrar
> General's office.
>
> What I wanted to know was basically should I choose to use this person's
> work, what would be considered fair usage in Australia? Should I choose to
> include any text from that work in any future
> publications of my own, what can I legally do? And (see previous email
> below) as this person's work has no references, where would that leave me
> legally should I choose to use it?
>
> Bright Blessings
> Sandie
>


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