steven@ism70.UUCP (07/05/84)
FOR THE INFORMATION OF PERSON OR PERSONS WHO HAVE BEEN POSTING ARTICLES BY JOE BOB BRIGGS. As for myself, I had been posting articles to the net taken from _D_a_i_l_y_ _V_a_r_i_e_t_y. I stopped until I had the chance to look up the copyright legality of it. This excerpted discussion is from _W_o_r_d_s_ _i_n_t_o_ _T_y_p_e, 3rd Ed. The net should probably try to decide on a consensus before proceeding, so start posting, folks. "... the owner of an `original work,' whether it be the author or one who has succeeded to the author's rights, may prevent certain unauthorized uses of that work in its original or derivative form. This includes such things as the making of translations, adaptations, abridgments and so forth ... It is important to keep in mind that while copyright protection concerns itself with the actual words used in expressing ideas, the sequential arrangement of those ideas may play a very important part in determining whether a copyright infringement has occurred. Copyright protection for a book, short story, article, or similar work is secured by the mere act of creating or fixing it in a tangible medium of expression. Neither publication of the work nor registration of a claim to copyright protection is a precondition to such protection. However, before an action for copyright infringement may be brought in court, the work must be registered with the Copyright Office in Washington, D.C. Copyright infringement is a very serious matter. Under the new Copyright Law (as of January 1, 1978), a person who infringes another's copyright is liable for both the actual damages suffered by the owners of the copyright and the profits realized by the infringer's use of such material. As an alternative to such actual damages and profits, the copyright owner may elect to receive statutory damages, which may range from $250 to $10,000 or up to $50,000 in the case of a willful infringement. The new Copyright Law gives statutory recognition to the judicial doctrine of `fair use.' The law now specifically provides that `... the fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright ....' The law also sets forth the factors to be considered in determining whether a use is `fair.' These factors include: (1) purpose and character of the use (is the use of a commercial nature or is it for nonprofit educational purposes?); (2) the nature of the copyrighted work; (3) the amount and the substantiality of the amount used in relation to the entirety of the copyrighted work; (4) the effect of the use on the potential market for or value of the copyrighted work. No specific quantitative test is available to determine whether or not a use of another's copyrighted work is `fair' under all circumstances. Each case must be judged on its own merits, and extreme caution must be exercised in making that judgment. If there is any reasonable doubt as to whether or not a use is `fair,' the most prudent thing to do is to request permission to use the material."
moriarty@fluke.UUCP (Jeff Meyer) (07/09/84)
Wow. I bet a lot of people read through this.
"Is this a trick question?"
Moriarty, aka Jeff Meyer
John Fluke Mfg. Co., Inc.
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