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Archiver > GEN-MEDIEVAL > 2002-01 > 1012154057
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Subject: Re: U.S. Copyright Law (was: several related threads with diffeent titles)
Date: Sun, 27 Jan 2002 12:54:17 EST
In a message dated 1/26/02 2:48:37 PM, writes:
<< This is not mere quotes to illustrate a point - it is almost complete
reproduction of a discussion, the equivalent of correspondents having a
discussion by letter. These "letters" are being reproduced in a journal
without the authors permission. >>
All posts do indeed remain the property of the writer and the copyright of
the author to their posts is not open to debate, so far as I know. No notice
is even necessary for them to safeguard their written words.
That is one reason -- but not the only one -- why I do ask permission of
people when I want to quote verbatim and at length from things that they
wrote. I also ask their input for corrections and send them proofs. More
importantly, it is required by common courtesy. Despite what the laws of
individual countries might actually say, I think we owe one another the
common courtesy of acknowledgment when we learn from them and pass it on to
others. An ethical and moral population does not need laws to force them to
do the right thing. We will acknowledge those who have taught us naturally.
That being said, one is definitely allowed to make quotes from these
copyrighted written materials through fair use according to the laws of all
countries -- especially in scholarly and educational issues. There is no firm
rule of how much can be quoted. Generally, enough can be quoted to get the
idea across and one needs to acknowledge the source -- that is, who is
writing these words you are quoting and perhaps where one can find the
original.
There may be certain cases where the original is small enough and succinct
enough that the "fair use" quotation can be the entire post! A very simple
example: writes: "Who is the mother of Conrad I?"
ANSWER: "If you mean Conrad I of Luxemburg, his mother seems to be unknown.
If you mean Conrad I of Burgundy, his mother was Edith of Saxony according to
Marlyn Lewis in "The Ancestry of Elizabeth of York." If you need further
sources, please contact me personally." Ken Finton on SGM.
No one needs to get my permission to quote the small answer above. I did not
need Marlyn Lewis' permission to pass on what I learned from his book to
others, but I did credit him for it. However, if I write an essay and someone
want to reproduce the entire thing, then you must as me for permission -- and
you will get the permission to do so.
One may also review and paraphrase what has been written in a copyright post
or book or article without asking for permission, but again we need to
acknowledge the original writer(s) or we are plagiarizing the materials.
In a message dated 1/26/02 2:48:37 PM, writes:
<< Perhaps a good solution would be for the newsgroup to have a statement
for all subscribers to accept when they subscribe, that: [for example] "all
postings remain the copyright of the authors and their permission must be
sought for any form of reproduction elsewhere." As one has to subscribe in
order to read the postings, subscribing would then be a legal acceptance of
the statement. >>
Everyone is required to do this even without the disclaimer. Even with the
disclaimer, one cannot prevent people from making use of fair-use quotes and
paraphrasing of materials -- even for publication elsewhere. Also, one may
copy entire posts into their personal files and databases and keep them for
further reference just as one can record TV shows and recordings or make
copies of entire chapters of articles from journals or books for their own
use. If these are to be redistributed, then permission from the copyright
owner is required.
Kenneth Harper Finton
Editor and Publisher
THE PLANTAGENET CONNECTION
__________________________________________
HT Communications / PO Box 1401 / Arvada CO 80001
VOICE: 303-420-4888 FAX: 303-420-4845
<A HREF="http://htcommunications.org/homepage.html">;
http://htcommunications.org/homepage.html</A>;
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