Freethought & Rationalism Archive

Ergaster · 07-15-2002, 07:22 AM

I could be wrong, but I believe that quoting *an entire article* from anywhere (even if one does break it up with interspersed comments) does not fall under "Fair Use". Does anyone know any more about that?

Mageth · 07-15-2002, 07:50 AM

<a href="http://www4.law.cornell.edu/uscode/17/107.html" target="_blank">TITLE 17 - COPYRIGHTS (section 107):</a>

"...the fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching ..., 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. "

Since the AiG's purpose was criticism and "not for profit", use of the entire article (critized section by section) is more than likely valid under Fair Use.

Mageth · 07-15-2002, 07:52 AM

BTW, I'm not blowing smoke out my ass. I work for an IP lawfirm.

tgamble · 07-15-2002, 07:54 AM

Quote:

Originally posted by Mageth:
BTW, I'm not blowing smoke out my ass. I work for an IP lawfirm.

Good. that means they can't bitch about my response to their raving delusions.

Coragyps · 07-15-2002, 08:09 AM

Quote:

I'm willing to bet AiG's IP lawyers use the same tactics.

Is that an oxymoron? Can AiG really have any intellectual property?

excreationist · 07-15-2002, 08:20 AM

About AiG and their copyright rules:

<a href="http://www.answersingenesis.org/home/area/feedback/default.asp" target="_blank">Web Feedback Rules</a>:

Quote:

...Submissions become the property of Answers in Genesis. That is, the author agrees to transfer the copyright of any letters published on this page to Answers in Genesis...

Their other rules are pretty interesting too...

Mageth · 07-15-2002, 08:28 AM

Submissions, including letters, becoming the property of the receiver/publisher is a common practice.

Mageth · 07-15-2002, 08:31 AM

Is that an oxymoron? Can AiG really have any intellectual property?

That's a good point.

nogods4me · 07-15-2002, 09:12 AM

Quote:

Originally posted by Mageth:
BTW, I'm not blowing smoke out my ass. I work for an IP lawfirm.

Those two statements seem entirely unrelated. The second is of course integral to the topic being discussed here, and thanks for clearing that up. The first however, would be a neat trick if you could pull it off.

excreationist · 07-15-2002, 09:10 PM

Quote:

Originally posted by Mageth:
Submissions, including letters, becoming the property of the receiver/publisher is a common practice.

Does that mean that if you wrote the same letter you got punblished on AiG to someone else you'd be infringing copyright?

Thread Tools	Search this Thread
Show Printable Version	Search this Thread: Advanced Search

07-15-2002, 07:22 AM	#11
Ergaster Senior Member Join Date: Aug 2001 Location: Toronto Posts: 506	I could be wrong, but I believe that quoting an entire article from anywhere (even if one does break it up with interspersed comments) does not fall under "Fair Use". Does anyone know any more about that?

07-15-2002, 07:50 AM	#12
Mageth Contributor Join Date: Jul 2001 Location: Deep in the heart of mother-lovin' Texas Posts: 29,689	<a href="http://www4.law.cornell.edu/uscode/17/107.html" target="_blank">TITLE 17 - COPYRIGHTS (section 107):</a> "...the fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching ..., 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. " Since the AiG's purpose was criticism and "not for profit", use of the entire article (critized section by section) is more than likely valid under Fair Use.

07-15-2002, 07:52 AM	#13
Mageth Contributor Join Date: Jul 2001 Location: Deep in the heart of mother-lovin' Texas Posts: 29,689	BTW, I'm not blowing smoke out my ass. I work for an IP lawfirm.

07-15-2002, 08:28 AM	#17
Mageth Contributor Join Date: Jul 2001 Location: Deep in the heart of mother-lovin' Texas Posts: 29,689	Submissions, including letters, becoming the property of the receiver/publisher is a common practice.

07-15-2002, 08:31 AM	#18
Mageth Contributor Join Date: Jul 2001 Location: Deep in the heart of mother-lovin' Texas Posts: 29,689	Is that an oxymoron? Can AiG really have any intellectual property? That's a good point.

Freethought & Rationalism Archive

The archives are read only.