Black People : It's NOT STEALING when you cite the AUTHOR!

Discussion in 'Black People Open Forum' started by SpiritualONE, Aug 20, 2003.

  1. SpiritualONE

    SpiritualONE Well-Known Member MEMBER

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    That's my point!

    Your rule has no weight or legal standing in a court of law!

    If the author is quoted or cited as the source, it's not stealing!

    Please read the law!
     
  2. SpiritualONE

    SpiritualONE Well-Known Member MEMBER

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    The doctrine of fair use allows for the use of copyrighted works without the owner's permission. It protects limited uses of copyrighted works from being an infringement.

    The Copyright Act provides that the "fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use).

    The purpose and character of the use of said article is for nonprofit educational purposes. Therefore NO LAW has been broken!

    Source: 17 U.S.C. § 107. Courts decide fair use by weighing each factor individually and then determining which way the combination of factors tips.
     
  3. Destee

    Destee destee.com STAFF

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    Spiritual One ... this has become a very heated issue in our community of late ... bear with us as we determine how we'll proceed in the future regarding it. In the meantime, please adhere to our forum rules and not post the property of others without their permission.

    Our Moderating Team will be meeting to discuss this topic on Thursday evening, so everyone, please feel free to share your opinions so we'll have them to consider.

    Thanks.

    Destee
     
  4. Destee

    Destee destee.com STAFF

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    FYI

    Can I Use Someone Else’s Work?
    Can Someone Else Use Mine?
    http://www.copyright.gov/help/faq/faq-fairuse.html

    If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained



    Fair Use:
    http://www.copyright.gov/fls/fl102.html

    The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

    The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

    When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered “fair” nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.
     
  5. Destee

    Destee destee.com STAFF

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    One last post Family ... :)

    Since this thread has been started, i'd love for everyone to share their opinion. Thank you Spiritual One for starting it.

    For those of you who know me, you know i value your opinions and always consider what you share with me when making my decisions. I need your help on this one, so please let me (and the other Moderators) know what you think.

    :heart:

    Destee
     
  6. SpiritualONE

    SpiritualONE Well-Known Member MEMBER

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    The Supreme Court has said to "negate fair use one need only show that if the challenged use should become widespread, it would adversely affect the potential market for the copyrighted works." Use of a work that replaces the need for others to purchase or license the work, especially if the work is easily purchased or licensed, will weigh against fair use. Making just a few copies, available to only a limited number of people, is likely to weigh in favor of fair use."
     
  7. SpiritualONE

    SpiritualONE Well-Known Member MEMBER

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    http://www.publaw.com/fairuse.html

    Here is a case INVOLVING THE "Fair Use Doctrine" on the *Internet.* It is more relevant:

    Church of Scientology

    The Religious Technology Center ("RTC") is a formal entity of the Church of Scientology founded by Ron L. Hubbard. RTC claims to hold an exclusive license to certain unpublished works of Hubbard which have restricted access to only certain members of the Church. F.A.C.T. Net is a nonprofit educational and charitable company run by former Church members. F.A.C.T. Net maintains a library and archive information on the Church dealing with the Church's controversial status as a religious tax exempt organization; much of this information is available on F.A.C.T. Net's bulletin board on the Internet. RTC sued F.A.C.T. Net for copyright infringement for placing unauthorized copies of unpublished Church materials on the Internet.

    This case was brought in the federal District Court of Colorado where the court refused to grant a preliminary injunction that would have removed the F.A.C.T. Net materials from the Internet. In refusing to grant the injunction the court concluded that F.A.C.T. Net's use of the Church materials was fair use. The court's analysis of the four factors was as follows:



    1. Purpose of Use - The court noted that the purpose and character of F.A.C.T. Net's use of the Church materials was not commercial in nature. Instead F.A.C.T. Net's use was nonprofit in that its publication of the Church materials was to advance an understanding of issues involving the Church that were subject to continuing public controversy. The RTC failed to show evidence that any follower of the Church would consider the Internet postings as a market substitute for the Church materials. The court concluded that this factor weighed in favor of fair use since the purposes of criticism, comment and research all fall within the fair use doctrine.

    2. Nature of the Copyrighted Work - The court recognized that the Church materials were unpublished, but the court went on to differentiate this case from President Ford's unpublished work and the fact that it is up to the author to control publication, stating that the same concerns of the Court in Harper & Row did not apply in this situation.

    3. Amount and Substantiality of the Portion Used - The court noted that it could not compare the material that was copied by F.A.C.T. Net and placed on the Internet with the Church's original materials because RTC failed to provide the court with the materials in their entirety. The court further stated that even if a work was copied in its entirety that such copying could still constitute fair use.

    4. Market Effect - The court decided that even though the Church materials were unpublished that F.A.C.T. Net's use of the materials would not effect any future publication of the materials. The RTC also failed to demonstrate any potential financial loss to the Church. The court concluded that this factor weighed in favor of fair use.

    In summary, the District Court of Colorado concluded that F.A.C.T. Net had made fair use of the Church materials; the use was non-commercial and the evidence presented by RTC suggested no financial harm, other than that possibly resulting from criticism, to the copyright owner.
     
  8. $$RICH$$

    $$RICH$$ Lyon King Admin. STAFF

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    destee i strongly support the ruling of not allowing any
    work to be posted without written permission of copyright
    material......this also will keep destee.com in safe hobor

    fair use does not say how many lines can be used without
    permission so in fairness the standard amout of words can
    be gov. by the webmaster // site admin.

    as DESTEE.COM laws and rules was form it was in double
    standard to be abid by

    in the court of law as stated , it's not stealing when an author
    is cited for the work that's displayed but also stated that it's
    best to get written permission from author for such copy written
    material ,which in fairness is out of respect , so in best of the community rules and regulation this should stay in affect as is
    and be abid by all who visit // share// or like to add such to the
    community (not by state of law but Law of Destee.com )
    which the webmaster // site Admin. or whom so in charge
    do hold these rights ......

    again i support the rules abid for copyright materials to obtain
    written permission

    why !
    as a writter my self and a poet i would love to be respected
    for my work and at no point do i wish to fine my work flossed
    shared without my permission the copyright work this why i
    haven't displayed any of my short stories because none of them
    is copy written yet !
    so out of respect this should continue a rule of the forum .
    Thank you
    $R
     
  9. ifasehun

    ifasehun Well-Known Member MEMBER

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    reprinting poetry is a bit different than reprinting a news story, a report or even a passage from a history book. namely, because there is always a possibility that person might claim authorship, if the work is unpublished.

    published poetry is rarely claimed falsely. so only unpublished poetry is jeopardy here.

    articles as mentioned above are already published, so there is no possibilty of passing the works on as your own. as any nitwit or journalist, which is interchangeable at times (lol) can simply type in the first two sentences of AnY text in a search engine and see how many more times its been reused.

    for the record, a few years back i wrote an article for a magazine, that was reprinted several times over in asia by various hard copy and online sources. it then led to a hard copy magazine actually FAKING an interview with me. that is, they took portions of the article, snipped it here and there, filled in a few questions and pretended to have gotten the info via dialogue with me! But, I was quickly able to identify this act, because so much of what is published by magazines, and journals is catalogued on the internet.

    (in fact every single post on destee.com is catalogued on the net. so watch your mouth!)

    in any case, it would hard for someone to "steal" my published work or yours. now my unpublished stufff, that is a different matter.

    ..its late and i am rambling, i will offer more tomorrow. lol
     
  10. SpiritualONE

    SpiritualONE Well-Known Member MEMBER

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    If this site is a commercial site that makes money, then I will not object to violations of the "fair use doctrine," but if it is here for the sharing of educational information and ideas, then it's nothing but censorship (plain and simple) when articles I want to discuss are REMOVED!
     
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