CUBA-L Archives

Archiver > CUBA > 2001-12 > 1007471483


From: "viviannarvaez" <>
Subject: Fw: [CUBA-L] Legal advice
Date: Tue, 4 Dec 2001 08:11:23 -0500


----- Original Message -----
From: "viviannarvaez" <>
To: <>
Sent: Tuesday, December 04, 2001 8:10 AM
Subject: Re: [CUBA-L] Legal advice


> Many attorneys offer an initial free consultation. I would assume this
also
> goes for those engaged in the protection of intellectual property. With
> many of us contemplating creating personal gen web pages, the subject is a
> relevant one. The following are good sites for fiding lawyers, by name,
> location or discipline:
>
> American Bar Assn. - www.abanet.org
> Martindale-Hubbell Directory - www.martindale.com
> Best Lawyers Directory - www.bestlawyers.com
>
> Regards, Vivian Narvaez
>
>
> ----- Original Message -----
> From: "Emilio Garcia" <>
> To: <>
> Sent: Tuesday, December 04, 2001 12:14 AM
> Subject: Re: [CUBA-L] Copywrite laws?/ Online site
>
>
> > I really do not wish to be involved in a protracted discussion
> > on this issue. I have been reading this list for a while, and
> > it seems that some issues take on their own life.
> >
> > Again, nothing I write here is meant to be legal advice.
> >
> > Ms. Narvaez mentions some interesting points. The Internet
> > does have special challenges. Particularly since in involves
> > text, graphics and music. The works of Jorge Luis Borges, who
> > died in 1986, are protected. The works of José Martí who died
> > in 1895 are in the public domain.
> >
> > Great care should be taken with works that are deemed to be
> > in the public domain, as they may be in the public domain in
> > some countries and protected in others.
> >
> > This is particularly critical with the Internet, as the public access
> > to the Web is international.
> >
> > Another issue is that someone can take a PD work, "arrange" it,
> > add "new original material" and create a new work. This new
> > work that has the original PD work embodied in it, is a new
> > protected copyrighted work.
> >
> > Ms. Formell writes:
> > "If the books on Cuban history were published in Cuba, copyright
> > doesn't apply here."
> >
> > I do not know what is referred to by "here". Is it the USA?
> > Is it the Internet? I do not wish to assume anything, because
> > that is a very dangerous thing to do.
> >
> > Unless the books in question are in the public domain,
> > what factor would make this statement correct?
> >
> > It should be noted that "published in Cuba" is not a
> > defining factor. A book could have been
> > published there without permission. That would not
> > mean that the book is not protected. The book could
> > be published there with permission, and be protected
> > internationally. This would include the United States.
> >
> > We all have our stories.
> > But, this is not about politics. It is about law.
> > It is not even about justice. It is about LAW.
> >
> > The solution to all this is simple. If you use protected
> > intellectual property in any public form, get written
> > permission from the owner(s) of the rights - PERIOD
> >
> >
> > Subject:
> > Re: [CUBA-L] Copywrite laws?/ Online site
> > Date:
> > Mon, 3 Dec 2001 07:56:53 -0500
> > From:
> > "viviannarvaez" <>
> > To:
> > <>
> > References:
> > 1 , 2
> >
> >
> >
> >
> > I completely agree with Emilio Garcia's opinion and hope that my
> > well-intentioned advice is not interpreted as legal advice, as I am not
> > an
> > expert in such matters. My recommendation was made from personal
> > experience -- in college -- as to the prevalent methods for using
> > others'
> > texts. I believe that most publications are very clear in stating that,
> >
> > prior to using any text, written permission must be obtained from the
> > author/publisher; however, few students (and that was the example I
> > cited)
> > ever bother to do this, preferring, instead, to specify sources and give
> >
> > credit where credit is due.
> > I suppose the Internet creates its own special challenges and
> > requirements,
> > though there are any number of pages dedicated to, say, Jorge Luise
> > Borges
> > or Jose Marti by their admirers, where their works are used and, of
> > course,
> > texts cited.
> > Regards, Vivian Narvaez
> >
> > Subject:
> > Re: [CUBA-L] Copywrite laws?/ Online site
> > Date:
> > Mon, 3 Dec 2001 10:48:26 -0500
> > From:
> > "DITA FORMELL" <>
> > To:
> > <>
> > References:
> > 1 , 2
> >
> >
> >
> >
> > If the books on Cuban history were published in Cuba, copyright doesn't
> > apply here.
> > ----- Original Message -----
> > From: Emilio Garcia <>
> > To: <>
> > Sent: Sunday, December 02, 2001 11:47 PM
> > Subject: Re: [CUBA-L] Copywrite laws?/ Online site
> >
> >
> > With all due respect, I am troubled with what may be
> > well intentioned, but loose advice that is being given
> > to GFernan. This is a serious legal question, and it
> > should be treated as such.
> >
> > GFernan should be commended for asking before acting.
> >
> > The fact situation and circumstances of each use are different.
> > It should be crystal clear that nothing I write here is meant to be
> > legal advice. It would be best for GFernan to get advice from an
> > attorney that is knowledgeable on Copyright Law.
> >
> > However, it might be useful to comment on the advice that has
> > been offered. It is one thing to extract information, rewrite it in
> > your own words, cite the source, and use it in an academic paper,
> > (where, in the USA at least, the so called "fair use" provision of
> > the Copyright Act MAY apply). It is quite another thing "to add
> > to the site some paragraphs that I found in some genealogy
> > books".
> >
> > A copyright is precisely that - the right to copy - in any form, in
> > any medium. These rights are held (owned) by the copyright
> > holder.
> >
> > If one is going to lift text from a copyrighted publication and use
> > it in an Internet site, why would one think that permission is not
> > required?
> >
> > At the end of the day, only a court of law can rule on copyright
> > matters. But, if you have written permission to use intellectual
> > property from its copyright owner, then you have written
> > permission to use it.
> >
> > I hope this has been helpful.
> >
> >
> > wrote:
> >
> > > I am posting my family tree online around the Christmas holidays. I
> > wanted
> > > to add to the site some paragraphs that I found in some geneology
> > books
> > (and
> > > some Cuban history books). Do you know what the law is regarding
> > this?
> > Is
> > > this copywrite infringement? Is sourcing the books sufficient?
> > Thanks...
> > >
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> >
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