Posted by Shar on July 21, 2001, at 23:48:40
In reply to Re: expert on internet copyright issues, posted by Justice on July 21, 2001, at 23:17:47
Consider another hypothetical in which we apply the standards set by the fair use statute to the "distribution" of medical information on a board dedicated to discussions of mental health, including medications.
"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include –
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
~~~~Gee, I'd have to go with nonprofit educational purposes on this standard.
2. the nature of the copyrighted work;~~~~Usually research articles in which the author is publicizing his or her results or providing other information (like a lit review) for which the author is not compensated.
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;~~~~to provide information to people who are using or considering using medications; typically, a condensed or paraphrased version of the results, skipping the intro, methodology, statistical analyses, and discussion. Rarely is an article just copied and presented in whole.
and
4. the effect of the use upon the potential market for or value of the copyrighted work."~~~~The effect would be to actually enhance the value of the work, because the research scientist has an investment in getting his or her name dropped. For research articles, use on PB would not be likely to affect the market for or value of the work.
So, gee, IMHO using the work to provide others here with accurate and credible info is not a violation. If PB'ers had a sustained interest in someone's work, it would probably go beyond what is presented on PB, and they would buy the book or whatever in order to get more detail.
Shar
> Consider a hypothetical. I establish the “World Internet University.” I charge nothing for access or membership. I create a massive on-line server array that provides, in their entirety, “educational” articles about almost every subject known to humankind, lifted from but attributed to the world’s most reputable publications. Would that be “fair use”?
>
> It would not be fair, because visitors to my site could avoid the advertising efforts of the original publisher, and the original publishers could get fewer “hits” when users chose my site instead.
>
> Below is a selection of current on-line resources about copyrights and fair use on-line. Though one can always stretch their imagination, there is little in these sources that implies participants in a self-help group have a right to help themselves to published material under the fair use clause of U.S. copyright law. While fair use allows limited classroom use, this site is not a limited classroom setting.
>
> Perhaps someone else here will contact some of these sources and ask them to explain here, on a volunteer basis as a guest expert, the concepts of copyright and fair use on line.
>
> Of course, while we might want an expert to tell us what to do, we also need to think for our selves. Please remember, even IF one were to find an expert who would suggest that reproducing entire copyrighted articles on a self-help site is fair use, and IF the courts were to eventually support the argument, publishers would likely appeal to Congress to close the loophole. That is what happened in the 1990s with the free on-line distribution of software. If users of this site, in this thread, attempt to advance the “help your self” philosophy of fair use, links to this thread can become the seed of an effort to close such a loophole. Of course, on the other hand, that could make Dr. Bob more famous :-o
>
>
> FindLaw on fair use:
> By Marie A. D'Amico, Esq.
> http://lawcrawler.findlaw.com/MAD/FAIRUSE.HTM
>
> Internet Basics and Copyright Law
> By Jon D. Grossman and Cyrill P. Rigamonti
> http://www.gcwf.com/articles/journal/jil_june98_2.html
>
>
> Journal of Internet Law
> http://www.gcwf.com/journal/index.html
>
> Association for the Protection of Internet Copyright
> http://www.a-w.org
>
> Some Observations on Copyright Law: Copying on the Internet
> By Ronald B. Standler
> http://www.rbs2.com/copyr.htm#anchor555555
>
> Internet Copyright Law FAQ
> By Tad Crawford
> http://www.allworth.com/Articles/article06.htm
>
> Bituse - A resource on technology law: Fair Use in Copyright
> http://www.bitlaw.com/copyright/fair_use.html
>
>
> What is copyright protection?
> By R. Delgado-Martinez
> http://whatiscopyright.org/
>
>
> Copyright on the Internet
> Thomas G. Field, Jr.
> http://www.fplc.edu/tfield/copyNet.htm
>
>
> Grey Day
> http://www.greyday.org
>
> ***********
> The fair use statute, 17 USC §107, says:
> Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include –
> 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
> 2. the nature of the copyrighted work;
> 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
> 4. the effect of the use upon the potential market for or value of the copyrighted work.
>
> ************
> When, in 1995, there were no laws protecting some software from on-line distribution, MIT student David LaMacchia beat a wire-fraud charge for distributing software on-line. But in dismissing the charge, District Court Judge Richard Stearns still had this to say about LaMacchia:
>
> “one might at best describe his actions as heedlessly irresponsible and at worst as nihilistic, self-indulgent, and lacking in any fundamental sense of values”
poster:Shar
thread:1598
URL: http://www.dr-bob.org/babble/admin/20010718/msgs/1622.html