[comp.sys.atari.st] Contribution copyright query

gjh@otter.hpl.hp.com (Graham Higgins) (08/03/89)

I'd appreciate some guidance/instruction on the position of copyright on usenet
contributions. I am doing a bit of spare-time writing for one of the U.K. ST
mags (STWorld). Between us we have been considering doing a monthly "Best of ST
usenet" feature. 

Apart from a complete rewriting of the contribution (at best plagiarism --- but
the contributor *would* be acknowledged), how far can I go towards direct
quotes/inclusion of text?

I would also appreciate contributors' views on the ethics of this. I don't want
to put people's noses out of joint, nor get anyone into bother with employers,
hence this enquiry. 

I am approaching the feature as an information-propagation feature. For
eaxmple, in the UK, we generally don't get to see the U.S. Atari Corp staff's
contributions (except those priviledged few with internet access). Some of the
info (such as Ken's warning to ACC creators) is definitely worth propagating
--- actually, so are most of the contributions, I think it's a very high
standard of discussion.

Comments welcome.

Cheers,

Graham
======

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Graham Higgins @ HP Labs      	|  Phone: (0272) 799910 x 24060
Information Systems Centre    	|  gray@hpl.hp.co.uk
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saj@chinet.chi.il.us (Stephen Jacobs) (08/03/89)

In article <570023@otter.hpl.hp.com>, gjh@otter.hpl.hp.com (Graham Higgins) writes:
> I'd appreciate some guidance/instruction on the position of copyright on usenet
> contributions. I am doing a bit of spare-time writing for one of the U.K. ST
> mags (STWorld). Between us we have been considering doing a monthly "Best of ST
> usenet" feature. 

Questions like this get kicked around frequently in news.admin, largely in
response to things like Brad Templeton's joke collections.  It would appear
to be the consensus that contributors to usenet retain copyright to their
writing, but constructively grant the right of unlimited duplication by posting
it in a public place where it will be echoed everywhere.  In a moderated
group, the moderator automatically acquires a 'compilation copyright' simply
by sorting good from bad.  Best of usenet in a magazine with minimal editing
and with attribution would be very difficult to attack.  A magazine containing
only selections from usenet would be asking for a confrontation.  There's a
lot of ground in between.  We're pretty much all friends here, but its hard to
predict what will make someone angry.
                                      Steve J.

koreth@panarthea.sun.com (Steven Grimm) (08/04/89)

In article <570023@otter.hpl.hp.com> gjh@otter.hpl.hp.com (Graham Higgins) writes:
>I'd appreciate some guidance/instruction on the position of copyright on usenet
>contributions. I am doing a bit of spare-time writing for one of the U.K. ST
>mags (STWorld). Between us we have been considering doing a monthly "Best of ST
>usenet" feature. 

I don't see any real difference between that and BYTE's "Best of BIX" section
from a while ago.  I certainly don't have a problem with it; my feeling is
that people are free to do whatever they want with the stuff I post, as long
as I'm given credit for it.

Presumably, the people who don't want their postings used in your magazine
will put a note to that effect in their articles (a copyright notice in a
signature would suffice, I suppose.)  As long as you honor that, I can't
see a problem with reprinting articles.

---
This message is a figment of your imagination.  Any opinions are yours.
Steven Grimm		Moderator, comp.{sources,binaries}.atari.st
sgrimm@sun.com		...!sun!sgrimm

greg@bilbo (Greg Wageman) (08/04/89)

In article <34033@grapevine.uucp> koreth (Steven Grimm) writes:
>In article <570023@otter.hpl.hp.com> gjh@otter.hpl.hp.com (Graham Higgins) writes:
>>I'd appreciate some guidance/instruction on the position of copyright on usenet
>>contributions. I am doing a bit of spare-time writing for one of the U.K. ST
>>mags (STWorld). Between us we have been considering doing a monthly "Best of ST
>>usenet" feature. 
>
>I don't see any real difference between that and BYTE's "Best of BIX" section
>from a while ago.  I certainly don't have a problem with it; my feeling is
>that people are free to do whatever they want with the stuff I post, as long
>as I'm given credit for it.

I'm sorry, Steven, but I disagree.  There is a world of difference.

First of all, now that the U.S. has signed the Bourne (sp?) copyright
convention, all writings are implicitly copyrighted, whether or not
they display a copyright notice.  You must explicitly disclaim
copyright.  Therefore, reproducing anything received from Usenet *in a
manner inconsistant with the normal distribution of Usenet* is a
possible infringement.  I word it this way because, by posting to the
net, the poster is assumed to be giving implicit consent for Usenet
systems to propogate the message.

Think of it as being published in a magazine.  You don't control by
whom the magazine is distributed or to whom it is sold; however, you
do expect that no one who receives the magazine will reproduce the
article in *another* magazine without your permission.

Secondly, users of BIX, Compuserve, GEnie, etc., have all signed a
contract with the service providers which explicitly gives them certain
rights to use our postings without informing or compensating us.  In
effect we have waived copyright on our postings to such services
unless specifically stated otherwise.  This is why BIX can do a "Best
of BIX" and reproduce it in Byte Magazine or some other form.

Usenet posters, on the other hand, have signed no such agreement.  At
best there is an implicit understanding that the poster agrees to
transmission and dissemination of his postings to other Usenet hosts.
Transcription to print is arguably *not* part of the normal channels
of Usenet distribution.

>Presumably, the people who don't want their postings used in your magazine
>will put a note to that effect in their articles (a copyright notice in a
>signature would suffice, I suppose.)  As long as you honor that, I can't
>see a problem with reprinting articles.

As I said in e-mail to the original poster, I would think the only
ethical way to do this would be to contact each and every poster whose
article they wished to reproduce.  If the poster wished to give them a
license for unlimited reproduction, that's the poster's business.
However I would not assume that I had any such license otherwise.

(I'm not a lawyer.  This is not legal advice, just my understanding of
copyright.)

Greg Wageman			DOMAIN: greg@sj.ate.slb.com
Schlumberger Technologies	UUCP:   ...!uunet!sjsca4!greg
1601 Technology Drive		BIX:    gwage
San Jose, CA 95110-1397		CIS:    74016,352
(408) 437-5198			GEnie:  G.WAGEMAN
------------------
Opinions expressed herein are solely the responsibility of the author.

gjh@otter.hpl.hp.com (Graham Higgins) (08/08/89)

Firstly, thanks for the considered nature of the responses. After reading
them and pondering awhile, I have a few points to add.

Firstly, I won't be getting paid for the usenet articles in STWorld. Two
factors operating here --- I wouldn't be adding anything of value, except
a filtering function and discussions in news.admin convinced me that this
wasn't enough to warrant payment --- and it would rather be an abuse of
the usenet feed provided by HP for business purposes.

Secondly, I reckon that UK STWorld readers would be more interested in the
strictly technical contributions rather than the discussions. I would much
rather steer away from contentious issues --- and so would STWorld I would
imagine.

Thirdly, "editing" in this context would be providing some introductory 
commentary to a coherent notestring, or selecting the most pertinent 
contributions to a particular string. I would hesitate to edit directly 
the contributions. As Greg pointed out in his email response, it's difficult
enough making oneself understood on the usenet without being misquoted or
quoted out of context. Looks like maintaining the integrity of contributions
is worth making a central objective.

Thanks again for the guidance.

Cheers,

Graham
======

------------------------------------------------------------------
Graham Higgins @ HP Labs      	|  Phone: (0272) 799910 x 24060
Information Systems Centre    	|  gray@hpl.hp.co.uk
Bristol                       	|  gray%hplb.uucp@ukc.ac.uk
U.K.                          	|  gray@hplb.hpl.hp.com
 

andyc@hplsla.HP.COM (Andy Cassino) (08/09/89)

*
*Apart from a complete rewriting of the contribution (at best plagiarism --- but
*the contributor *would* be acknowledged), how far can I go towards direct
*quotes/inclusion of text?
*
*I would also appreciate contributors' views on the ethics of this. I don't want
*to put people's noses out of joint, nor get anyone into bother with employers,
*hence this enquiry. 
*
*----------

My reaction is, I'd like to be able to post to this notesgroup without 
the worry of where else it might end up, especially if it is non-electronic 
media. I don't prepare my postings with the care and broad perspective 
I would use if I was going to write an article, and in general don't want 
them used that way. Also, what with the vagaries of the US legal system, 
I'm not enthused about my postings going on beyond notes without my express 
permission.

(I've already been surprised about where my postings have ended up thanks to
the info-atari-16 digest, and have not always been happy at the requests that
have resulted).

I would note that usenet is not supposed to be used for deriving commercial 
revenue. It's for communication. Re-packaging that communication and selling 
it strikes me as rather similar to those folks that put shareware on a 
disk and sell it for a service fee. That is, the ethics are questionable. 

And if someone does turn a buck from usenet, I think that the universities
and companies that make usenet possible (e.g. pay its bills) are entitled to
the lion's share of the profit. (Not to mention any and all authors).

I would recommend that permission be obtained before using any material
posted on usenet in a publication. Maybe you could obtain blanket permission
from those Atari employees that regularly provide official technical
information.

Disclaimer/Copyright Notice: This opinions expressed herein are those solely
of the author, who has no pecuniary interest in the companies mentioned, and
who also happens to own the copyright to this posting.

    %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
    % Andy Cassino                                                  %
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    % Hewlett-Packard              Lake Stevens Instrument Division %
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VBRANDT@DBNUAMA1.BITNET (08/18/89)

In Info-Atari16 Digest #387, otter!gjh@hplabs.hp.com  (Graham Higgins) says:

>Firstly, I won't be getting paid for the usenet articles in STWorld. Two
>factors operating here --- I wouldn't be adding anything of value, except
>a filtering function and discussions in news.admin convinced me that this
>wasn't enough to warrant payment --- and it would rather be an abuse ...
>the usenet feed provided by HP for business purposes.

Well, here in Germany there is at least one magazine that features some Usenet
info, usually slushed up with some general blurb by the columnist.  I don't
think he's doing it for free ...

>Thirdly, "editing" in this context would be providing some introductory
>commentary to a coherent notestring, or selecting the most pertinent
>contributions to a particular string. I would hesitate to edit directly
>the contributions. As Greg pointed out in his email response, it's difficult
>enough making oneself understood on the usenet without being misquoted or
>quoted out of context. Looks like maintaining the integrity of contributions
>is worth making a central objective.

This is indeed a difficult question.  The abovementioned column is usually only
a general summary, and two to three months late at that.  I guess that there
are technical reasons for this.

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