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5837Re: [MedievalSawdust] Copyright Question

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  • Don Eisele
    Mar 2, 2006
      >The author has rights, which he or she can sell, waive or keep. If
      >the article appears in a magazine, there is obviously (hopefully) a
      >legal agreement between the two parties giving the right to make
      >copies to the magazine. Perhaps even assigning the entire copyright
      >to the magazine. Or something in between.
      >
      >But, for purposes of fair use, it does not matter at all who holds
      >the copyright - only what your use of it is for, and what your use
      >does to their commercial rights.
      >
      >In this case, there is ZERO commercial use or interest.

      If commercial use or interest was the only factor, the RIAA/MPAA wouldn't
      sueing nearly as many people as they are right now.

      I think you are trying to use the educational/research clause to justify
      posting. I have two thoughts:
      1. This forum is not an educational institution
      2. What "research" goal is obtained by distributing it out to everyone on
      the list.

      Compare:
      1. Single person going to a library, getting a copy of the article through ILL
      (covers educational institution as it's a library, covers a single person
      doing research)
      2. Publishing an entire article to an entire email list.

      >3. No one in their right mind would litigate this, even as a
      > copyright holder - it is not clear one would win, not clear
      > there are damages to be won, or that anyone would pay them.

      Very true that someone won't get sued over this. The magazine wouldn't
      want the bad press. However.. the MPAA/RIAA *has* won cases like this,
      so there must be someone willing to litigate.


      --
      Don Quixote -- quixote@... http://toysmakeuspowerful.com
      "I ought not to let my mind wander, as it's too small to go off by itself"
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