legal question

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legal question

Postby israelirealities » Tue Oct 18, 2005 8:05 pm

I just received an email from my webmaster that posting an entire newspaper article in my blog is a violation of copright. Does anyone know anything about it ? <br>I copy pasted an entire article from SF Gate (the Chronicle's website) with the title, pictures and the writer and website URL. Is there anything wrong with that ? <p></p><i></i>
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your webmaster's covering his ass, but basically correct

Postby glubglubglub » Tue Oct 18, 2005 8:10 pm

and that's why most blogs, etc., only paste snippets and link to the original (although were I you I'd save a local copy of any article you link to, b/c these have a way of disappearing). In the US we have nebulous 'fair use' rights that allow the excerpting of copywritten material for the purposes of education, criticism, etc., but full-out copying is basically outside the scope of fair use; not sure what's legal in Israel vis. a vis. American copyrights, but international copyright law's sufficiently vague I can see why your webmaster's getting uneasy. <p></p><i></i>
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Re: legal question

Postby hmm » Tue Oct 18, 2005 8:30 pm

he is most likely right,you must also keep in mind,would you want someone else "stealing" your work and "profiting" from it.<br>most sites have a copyright notice which will tell you what their policy is on using their work/property.<br>Also bear in mind that not only does what you do on the internet fall under the jurisdiction of the country you are physically in,but often also under the jurisdiction of the country where the server is located on which your action took place.Think about that <!--EZCODE EMOTICON START ;) --><img src=http://www.ezboard.com/images/emoticons/wink.gif ALT=";)"><!--EZCODE EMOTICON END--> <p></p><i></i>
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oh yeah

Postby Homeless Halo » Tue Oct 18, 2005 9:27 pm

Could easily be construed as copyright violation under American laws. Almost anything could be under International Laws. I suggest you be careful.<br><br>You don't want the American Internet Police sending Metallica to kick down your front door and send you to Egypt for debriefing.<br><br>But seriously though, probably do be careful, you could have bloodthirsty lawyers ringing your phone.<br><br>Do what thou Wilt,<br>SHCR <p></p><i></i>
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Depends on the site you got it from...

Postby banned » Wed Oct 19, 2005 12:04 am

...some sites say basically "Steal what you want" or "Reprint freely" or "Pass it on." <br><br>The joke paper we Bay Area folks like to call "The Comical" probably doesn't say "Steal what you want" <!--EZCODE EMOTICON START :D --><img src=http://www.ezboard.com/images/emoticons/happy.gif ALT=":D"><!--EZCODE EMOTICON END--> . Maybe they've gotten huffy before with your webmaster.<br><br>Of course, if you really really want to post something in full and have a compelling reason why the link and excerpts aren't enough, you can always email the author or the editor, and ask permission to do so, then post it with the note that it's reprinted by permission. <br><br>Fair Use by the way depends on the length of the piece--a long paragraph from a book might be considered "fair use" but a long paragraph from a short article wouldn't. And ten lines of a 100 page poetry epic is OK but ten lines of a 15 line song, no.<br><br>Here's a good guide to fair use, courtesy of Stanford, Nolo Press and others:<br><br><!--EZCODE AUTOLINK START--><a href="http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/">fairuse.stanford.edu/Copy..._Overview/</a><!--EZCODE AUTOLINK END--><br>chapter9/<br><br>I won't reproduce it in full, since it's copyrighted by the Leland Stanford Junior University All rights reserved <!--EZCODE EMOTICON START :b --><img src=http://www.ezboard.com/images/emoticons/tongue.gif ALT=":b"><!--EZCODE EMOTICON END--> <br><br>But I will utilize "fair use" and give you this much:<br><br>"Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials forpurposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist's work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.<br><br>Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute will have to be resolved by courts or arbitration. If it's not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.<br><br>The only guidance is provided by a set of fair use factors outlined in the copyright law."<br><br>See the site for an excellent discussion of those factors. <p></p><i></i>
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Re: Depends on the site you got it from...

Postby israelirealities » Wed Oct 19, 2005 4:05 am

Thank you so much! good to know these fact before you run your own blog, hey ? <p></p><i></i>
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Re: subtext

Postby israelirealities » Wed Oct 19, 2005 6:40 am

I read the Stanford guidelines, very good and clear. On second thought I don't think there's a violation, considering there is a 5 prong test, and most of those do not happen in that case, simply because the goal is political, the materials would not otherwise be accessed from Israel (language/geography nobody knows those newspapers anyway) and in fact I am increasing their marketting not taking away income. Also, there is a "de minimis" thresh hold, and certainly I and my blog are very de minimis in all respects.<br><br>I read some of the case law (I thought eh Washington Post and scientology was interesting). <br>What this makes me think is that the webmaster had another warning in mind...well, that's another story. Thanks for your feedback, what would I do without this ?<br> <p></p><i></i>
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Re: subtext

Postby israelirealities » Wed Oct 19, 2005 6:44 am

It is getting clearer now that I received a weird telephone call from Jerusalem...the people of power are concerned with all this jive about Mind COntrol and pedophile rings in high places.<br>I guess MOI should "duck" for a while. Certainoly this board has been a teaser, and I didn't take care of the consequences back home in the Middle Eastos...if I disappear in the near future, please by all means check it out, send some faxes, the regular drill for disappearing people..<br>Half jesterly...only half. <p></p><i></i>
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Re: subtext and caselaw and physical location of blog/server

Postby hmm » Wed Oct 19, 2005 8:43 am

<!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr>I read some of the case law (I thought eh Washington Post and scientology was interesting)<hr></blockquote><!--EZCODE QUOTE END--><br><br><!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr>It is getting clearer now that I received a weird telephone call from Jerusalem<hr></blockquote><!--EZCODE QUOTE END--><br><br>The scientology "copyright" case is interesting and might be relevant to you.<br><br>By chosing the right web hosting company and physical location of server you can chose which legal system applies to your writing (along with the law in your physical location).<br>Karin Spaink's web hosting company joined the legal fight to protect her right to free speech,which is quite rare for a commercial company to do.<br>She was lucky,but with some research one can find "ethical/free-speech" hosting<br><br>some background:<br><!--EZCODE AUTOLINK START--><a href="http://en.wikipedia.org/wiki/Karin_Spaink">en.wikipedia.org/wiki/Karin_Spaink</a><!--EZCODE AUTOLINK END--><br><!--EZCODE AUTOLINK START--><a href="http://www.spaink.net/fishman/home.html">www.spaink.net/fishman/home.html</a><!--EZCODE AUTOLINK END--><br><!--EZCODE AUTOLINK START--><a href="http://www.df.lth.se/~triad/triad/3words/xs4all.html">www.df.lth.se/~triad/tria...s4all.html</a><!--EZCODE AUTOLINK END--> <p></p><i></i>
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