[CRS_META] Copyright infringements

Michael Rae mikalra at cadvision.com
Sun Feb 24 08:19:56 EST 2008


All:

ROBERT CAVANAUGH wrote:
>  regarding the subject "Copyright
> infringements". ... [At the]
> Board of Director meetings on the matter, it was
> decided to leave the additional rule that was added to
> the List Rules regarding Copyright material, see:
> http://www.calorierestriction.org/Mailing_Lists#rules

 From the relevant section:

"Copyright material
This is illegal. "

First, this is just badly put. Clearly, copyright material as such is 
not illegal ;). What is presumably intended is, "Copyright material: The 
POSTING of UNEDITED copyrighted material is illegal" -- and it should 
then go on to say something like, "except under the provisions of the 
"fair use" doctrine, [link to http://www.copyright.gov/fls/fl102.html ], 
which allows for limited excerpts of copyrighted material for nonprofit 
educational purposes. If you want to reprint a LARGER part of an 
article, you must ask for and receive permission from the copyright owner."

As you can see from the link embedded in that suggested language, you 
ARE allowed "quotation of *short passages* in a scholarly or technical 
work, for illustration or clarification of the author's observations; 
... summary of an address or article, with brief quotations, in a news 
report ... nonprofit educational purposes" and some other purposes not 
likely to come up on the List, based i part on "amount and 
substantiality of the portion used in relation to the copyrighted work 
as a whole". Ie, I'm pretty sure that the limited trimmed excerpts that 
(for example) I typically use is fine, particularly since I tend to 
intersperse my own comments, criticism, and cross-referenes, whereas 
many of (to not play games about it) Al Pater's posts include nearly the 
full text of an article, without comment after an initial short summary, 
and would be actionable.

-Michael

Thou hast no right but to do thy Will. Love is the law, love under will.
-- 
The MPrize <http://www.Mprize.org> : War Bonds for the Campaign Against 
Aging! Why I'm on board: http://www.cron-web.org/m-prize.html

> Regarding articles and abstracts lifted from PubMed, 
> our Board Chair, Meredith Averill, investigated the
> National Library of Medicine (NLM) and reported that
> "NLM-produced information is not copyrighted; but some
> NLM Web sites have information produced and
> copyrighted by other sources."  She went further to
> state, "PubMed is a product of NLM and does not
> include anything from other sources."  
> 
> More explicitly, the following should be adhered to:
> *NLM Copyright Information
> Government information at NLM Web sites is in the
> public domain. Public domain information may be freely
> distributed and copied, but it is requested that in
> any subsequent use the National Library of Medicine
> (NLM) be given appropriate acknowledgement. When using
> NLM Web sites, you may encounter documents,
> illustrations, photographs, or other information
> resources contributed or licensed by private
> individuals, companies, or organizations that may be
> protected by U.S. and foreign copyright laws.
> Transmission or reproduction of protected items beyond
> that allowed by fair use (PDF) as defined in the
> copyright laws requires the written permission of the
> copyright owners. Specific NLM Web sites containing
> protected information provide additional notification
> of conditions associated with its use. 
> 
> Bob Cavanaugh
> Managing Director, CR Society
>  
> 
> 
> --- Tim Tyler <seemysig at googlemail.com> wrote:
> 
>> Right.  So, as the copyright infringements
>> have grown increasingly common, is
>> the damage potential large enough for
>> the CRS be worried?  Is there a technical fix
>> - such as avoiding the takedown charge?
> 
> 
> 
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