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Re: [hockhist] Re: The Hockey News Archives

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  • SMC Yahoo!
    I hate to be the source of negativity, however, at least in the US, you want to proceed with caution. First, determining whether something constitutes Fair Use
    Message 1 of 33 , May 9, 2013
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      I hate to be the source of negativity, however, at least in the US, you want to proceed with caution.

      First, determining whether something constitutes Fair Use is (as a lawyer would say) an intensely fact based inquiry. Typically, a researcher utilizing and quoting a source is fair use. I would suggest you focus not on what use each of us may ultimately do with the materials, but the wholesale distribution of the material to each of us. It's that distribution -- transmission of digital copies -- that presents the tough issue.

      Second, when it comes to articles and images there may be a host of rights holders -- not just the publisher. That too can be a bit thorny. If The Hockey News owned all the rights and let their copyright expire (for whatever reason), you may be fine. But you need to make sure you understand i) what rights are involved, ii) who owns them -- or doesn't -- and iii) why your distribution of these materials does not run afoul of the law.

      By the way, Frank is absolutely right. Beginning with Napster, the recording labels took aggressive action again file sharing of music. It was not considered fair use -- even though the song files were, for the most part, being downloaded for personal use and no profit was involved. The US Copyright law penalizes the distribution and fines each distribution.

      Again, I suspect that it will not be too tough to work through these issues. But you do want to make sure you nail down the particulars before you start distributing digital files.

      Steve



      On May 9, 2013, at 8:08 AM, Frank Liebmann <texliebmann@...> wrote:

      > So if it's OK due to fair use, the copyright holder should have no problem.
      >
      > I remember several years when recording companies went after people sharing files. There was no money made by those sharing.
      >
      > Frank
      >
      > ________________________________
      > Von: MoreyH <epenaltybox@...>
      > An: hockhist@yahoogroups.com
      > Gesendet: 17:02 Dienstag, 7.Mai 2013
      > Betreff: [hockhist] Re: The Hockey News Archives
      >
      >
      >
      > 100 researchers is hardly going to cause economic harm to TM, especially when mixed with Fair Use for research purposes.
      >
      > Here is the current info...
      >
      > http://copyright.cornell.edu/resources/publicdomain.cfm
      >
      > Also,
      >
      > http://www.nlm.nih.gov/hmd/copyright/copylawguidance.html#published
      >
      > Making your determination
      >
      > After gathering whatever the available facts are about the rights associated with the item, consider how you plan to use the item.
      > Can your use be considered fair use? Section 107 of the U.S. Copyright law contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. (Copyright fact sheet on fair use, http://www.copyright.gov/fls/fl102.pdf)
      > How commercial is your use? In general, the more money you make, the more you are at risk. One of the rights accorded to the copyright owner is the right to reproduce, or to authorize others to reproduce the work and thereby benefit economically. However, the language of copyright law (http://www.copyright.gov/fls/fl102.pdf) makes clear that the commercial vs. nonprofit educational purpose of a work is only one factor to consider when making a fair use determination. Accordingly, the mere fact that a use is educational and not for profit does not insulate it from a finding of infringement, any more than the commercial character of a use bars a finding of fairness. (U.S. Supreme Court Campbell v. Acuff-Rose Music, Inc., 1994.)
      >
      > --- In hockhist@yahoogroups.com, "Erle Schneidman" <eschneidman@...> wrote:
      > >
      > > Frank,
      > >
      > >
      > >
      > > Is this true?
      > >
      > >
      > >
      > > Erle
      > >
      > >
      > >
      > > _____
      > >
      > > From: hockhist@yahoogroups.com [mailto:hockhist@yahoogroups.com] On Behalf
      > > Of MoreyH
      > > Sent: May 6, 2013 1:13 PM
      > > To: hockhist@yahoogroups.com
      > > Subject: [hockhist] Re: The Hockey News Archives
      > >
      > >
      > >
      > >
      > >
      > > Hi Frank,
      > >
      > > In the U.S., The Hockey News did not copyright its publication properly and
      > > is now considered public domain.
      > >
      > > Morey
      > >
      > > --- In hockhist@yahoogroups.com <mailto:hockhist%40yahoogroups.com> , Frank
      > > Liebmann <texliebmann@> wrote:
      > > >
      > > > Erle,
      > > >
      > > > Do you have permission from the copyright holder to distribute these?
      > > >
      > > > Frank
      > > >
      > > >
      > > >
      > > >
      > > > ________________________________
      > > > Von: "eschneidman@" <eschneidman@>
      > > > An: hockhist@... <mailto:hockhist%40yahoogroups.com>
      > > > Gesendet: 9:36 Mittwoch, 24.April 2013
      > > > Betreff: [hockhist] The Hockey News Archives
      > > >
      > > >
      > > >
      > > > Â
      > > > I have a copy of the Hockey News archives from 1947-1987 on Microfiche.. I
      > > am thinking of transferring the microfiche onto a DVD. With the DVD you will
      > > be able to read every issue of the Hockey News from 1947-1987. Let me know
      > > if you are interested in this project by responding to this post or by
      > > sending me an email directly.
      > > >
      > > > Erle
      > > >
      > > >
      > > >
      > > >
      > > > [Non-text portions of this message have been removed]
      > > >
      > >
      > >
      > >
      > >
      > >
      > > [Non-text portions of this message have been removed]
      > >
      >
      > [Non-text portions of this message have been removed]
      >
      >


      [Non-text portions of this message have been removed]
    • Jamie McCallum
      I would help out any way that i could...
      Message 33 of 33 , May 22, 2013
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        I would help out any way that i could...
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