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Archiver > GEN-MEDIEVAL > 2000-01 > 0947363502


From: "James P. Robinson III" <>
Subject: Re: Copyright questions
Date: Sat, 08 Jan 2000 20:31:42 +0000


For trademark infringement, there is a statutory penalty of, I believe,
$25,000 per infringing article or actual damages, whichever is greater. I
suspect there is a similar scheme for copyrights, but I have not researched
the issue.
Jim

As the clock struck 09:23 AM 1/9/2000 +0800, Leo van de Pas took pen in
hand and wrote:
>Dear Dave,
>Just as a question. I make a tree showing how prominent A descends from
>prominent B.
>I place this on the gen-medieval list and someone simply takes this tree,
>removes my name
>and uses it on another site on the net, or prints and publishes in a book.
>What can I do?
>Suing for money seems rediculous (the cost would be prohibitive) and so
>isn't this
>copyright law a paper tiger? Thou shalt not do it, but if they do, what can
>be done?
>Best wishes
>Leo van de Pas
>Perth, Western Australia
>----- Original Message -----
>From: David M. Lawrence <>
>To: <>
>Sent: Sunday, January 09, 2000 9:25 AM
>Subject: Copyright questions
>
>
> > There seems to be considerable confusion over what can be copyrighted and
> > what can't.
> >
> > Before something can be copyrighted, it must be fixed in some tangible
>form.
> > Printing in a book, posting it on a Wweb page or sending it as an e-mail
> > constitutes publication under the law (don't ask me what to do about
> > performances, but I know the law addresses that, too). Material is
> > copyrighted as soon as it is fixed in tangible form. By the time this
> > message is posted to the list, it is copyrighted. (I couldn't sue anyone
> > for damages if they infringed on my right, however, unless I registered
>the
> > publication with the copyright office.)
> >
> > According to U.S. law, however, FACTS and IDEAS cannot be copyrighted.
>That
> > means names, dates, places, proposed lines of descent, etc., can be used
>by
> > others without infringement.
> >
> > The way those FACTS and IDEAS are presented, however, can be copyrighted.
> > If I published a treatise on a descent on this list, then someone else
> > presented the material elsewhere (on another list, a Web page or a book,
>for
> > example) using the same wording and expressions without permission, that
> > would be copyright infringement.
> >
> > Suppose someone in the House of Stuart held the copyright to the King
>James
> > version of the Bible. Here is the original text describing a descent from
> > Adam to Enos:
> >
> > "And Adam knew his wife again; and she bare a son, and called his name
>Seth:
> > For God, said she, hath appointed me seed instead of Abel, whom Cain slew.
> > And to Seth, to him also there was born a son; and he called his name
>Enos:
> > then men began men to call upon the name of the Lord."
> >
> > I could publish a descendant chart showing this lineage from Adam without
> > infringing on the Stuart's copyright. This example would be fine from a
> > legal point of view:
> >
> > Adam m Eve
> > 1. Cain
> > 2. Abel
> > 3. Seth
> >
> > Seth m ??
> > 1. Enos
> >
> > All of the above are FACTS or perceived to be FACTS under the law. If
>there
> > was uncertainty about this descent, i.e., the presented material
>represents
> > the original author's IDEAS, well, the IDEA presented is fair game, too.
> > FACTS and IDEAS, as I said before, cannot be copyrighted. (Of course, it
>is
> > common academic courtesy to cite one's sources, but being discourteous and
> > infringing on a copyright are two different matters.)
> >
> > Now if I published the descent used identical (or real damn close)
>language,
> > i.e., "Adam knew his wife and she bore a son..."; and my use of the
>material
> > exceeded the limits of what is considered "fair use", I would be guilty of
> > infringing on the Stuart's copyright.
> >
> > I hope this helps clarify some of the confusion.
> >
> > Dave
> >
> > ------------------------------------------------------------------------
> > David M. Lawrence | Home: (804) 559-9786
> > 9272-G Hanover Crossing Drive | Fax: (804) 559-9787
> > Mechanicsville, VA 23116 | Email:
> > USA | http: http://fuzzo.com
> > ------------------------------------------------------------------------
> >
> > "We have met the enemy and he is us." -- Pogo
> >
> > "No trespassing
> > 4/17 of a haiku" -- Richard Brautigan
> >
> >
> > -----Original Message-----
> > From: [mailto:]
> > Sent: Friday, January 07, 2000 7:31 PM
> > To:
> > Subject: Re: Ken Finton's Plantagenet Ancestry
> >
> >
> > In a message dated 1/7/2000 5:12:59 PM, writes:
> >
> > << James P. Robinson III
> >
> > All original material contained herein is copyright and property of the
> > author. It may be quoted only in discussions on this forum and with
> > an attribution to the author, unless permission is otherwise expressly
> > given. >>
> >
> > This is a very good tag to put on posts. Number one, it lets people know
> > that
> > you want some input about quoting the information. Number two, the name
>and
> > e-mail address is clearly visibly and makes replying very easy. So many
> > posts are not signed and so many people do not reveal their names. Also,
> > people come and go often in this forum and e-mail addresses that are good
> > today may not be good a monoth from now.
> >
> > - Ken
> >
> >

--
********************************************************
James P. Robinson III

All original material contained herein is copyright and property of the
author. It may be quoted only in discussions on this forum and with
an attribution to the author, unless permission is otherwise expressly
given.
********************************************************

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