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27922Re: [SCA-JML] Re: A thought on fair use, copyright and intellectual property

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  • Solveig Throndardottir
    Sep 19, 2011
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      Noble Cousin!

      Greetings from Solveig!

      > First and foremost, before taking any photos of the books contents I asked permission from the library and they granted it. The library even has a copying machine so that people can make physical copies for use and documentation of the books contents. I even made copies of Momoyama kosode layout and construction diagrams for use in an upcoming workshop I am teaching.

      Of course the library has copying facilities. Generally speaking, you can make a single copy for research and study purposes. That is not at all the same thing as publishing a copy on the internet.

      > Secondly, speaking from first hand knowledge, and confirmed from the first hand knowledge of my friend (PH level Teacher), we may reproduce published materials without violating copyright law so long as it is within the realm of educational purposes.

      There are guidelines for bulk copying for classroom use. These generally include such things as timeliness in that it would take too long to obtain permission for use. As I recall there are four points that you are generally wise to observe.

      The location of the library is not the only relevant location. As already mentioned, single copies are generally speaking fair game in the USA. The other problem is the place of publication of online content which I suspect is the USA as well.

      Quotations for review purposes are understood as well. However, the extent to which things can be fairly quoted is a moving target. There is a case of successful suit over quoting a few paragraphs out of a book and as few as two musical notes. At least that is my recollection.

      Another problem which we have to deal with is the DMCA which might adversely affect our current venue.

      > Additionally, most of these materials are housed in public government owned collections and thus are not subject to the tighter copyright laws that pieces in a private collection would be. Public / government owned items have different and generally more liberal rules....which is why you can go into most art museums and take photos for research...just not sell the photos.

      This is nonsense. The ownership of the physical copy of the book or of a physical object that is being reproduced in a book does not affect copyright. The owner may impose a contract as a condition of access, but that is not a copyright issue. Regardless, suppose I paint a picture and give it to you. You own the physical picture and can display it, but I retain the copyright and can sell these rights to someone else. Yes, that is how it works. You can not make copies of a picture which I give you or even sell you unless I explicitly give or sell the copyright to you. Anyway, anyone can reproduce images of the Mona Lisa. The Mona Lisa is aged out of copyright. It does not matter which museum owns the painting.

      Nolo has a couple of nice books out there about copyright, public domain, and fair use. I suggest reading one of them.

      Your Humble Servant
      Solveig Throndardottir
      Amateur Scholar
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