Mike
Well-Known Member
This is one of those posts that will bore some people to tears, but you need to read it, irregardless.
Some factions within our federal government have been on their hind legs, with respect to copyright issues on the Web. Thankfully, saner minds have prevailed, but don't get lulled into thinking the problems have disappeared. They most definitely have not.
When a member of this site posts something that breaches another person's copyright, that is all wrong. But what is really wrong is that when that happens, the authorities start looking for the publisher. And that, boys and girls, would be yours truly.
I'm not naming any names, I am not pointing any fingers, nor am I assigning any blame to anyone. I just need for everyone to understand my position, as the publisher of this site.
A member of this site mentioned he had some scans of a magazine article, available on another, external Web site. That is risky stuff, but it has naught to do with me, so if that member wants to run those risks, I am quite alright with it.
Another member then posted some scans of a magazine article, to a thread on this forum. I've no idea if they were the same scans as mentioned earlier, or not. It really makes no difference, because the scans were suddenly breaching copyright in my playground, which means I would be liable for the unlawful publication. As a result, those scans were removed. Thanks to 409T for catching what had happened and bringing it to my attention. There will be a small percentage added to his weekly pay, trust me. <cough>
This tells me it is time for a quick review of what is permissible and what is not, under present copyright laws.
Many people think that once something has been posted to the Internet, it no longer has any copyright protection. That is a myth. The truth is that if someone has published photos, graphic images, songs or articles to the Web, you cannot use them, copy them, or post them, without permission.
The person who created these works owns them. And they have copyright protection from the very instant they are published.
Many people this they can copy something they have found online, just as long as they give the copytight holder credit, or a link back to the originally published work. That is a myth, unless the copyright owner specifically provides permission to copy the work. Without granted permission from the copyright holder, the work/s cannot be used.
Many people think they can edit copyright material, in order to make it their own. That is a myth. Work derived from other work is still covered by the original copyright. Editing the original or altering the original work does not change the copyright.
There is one exception to be noted - You are allowed to refer to original work, if you are writing a review of that work, as the review would fall under fair use.
Many people think if they do not see a copyright symbol or a copyright notice, then work can be freely copied. That is a myth. Original work does not require any kind of copyright notification, in order to have copyright protection.
Many people think they can use copyright material, as long as they do not realize and income or financial gain from the use. That is a myth. Whether you make any money or not, you are still in violation of the copyright. Trying to claim you are giving the copyright holder free advertising is not a valid defense, although a court decision on copyright violation might very well attach any income derived from the breach of copyright.
For instance, if you post something to this forum, you hold the intellectual copyright for that work. By using this forum, you also agree to give me and my assigns free license to use, publish and display your work. But that does not mean another member of this site can copy your work to another forum, without permission from both you and myself. You hold copyright to the content expressed in the post, whereas I hold copyright to the post, itself. Although it is quite unnecessary for me to do so, I make our copyright policy very clear, in multiple areas on this site, so there can be no confusion as to how you and I are both protected.
Please, believe me when I say I hate all this legal stuff. I just want to run a discussion forum, without any hassles or problems. But the end game is that by operating this site, I have to endure all the hassles and problems that come along with it. And, at this stage of the game, I simply cannot afford any legal mistakes to be made.
So I am asking all of you to be mindful of what you are posting. If it is a picture, was it a picture taken or created by you? If not, then I need you to provide me with permission from the copyright holder, before we can publish it to this site. If it is a post from another site, then I need you to provide me with permission from both the author of the post, as well as the owner of the other site, before we can publish it to this site. I honestly don't like issuing yet more limitations as to what we can and cannot do on this site, but I also need to be sure I am covering my own bum. So help me out, by not posting material for which you do not hold copyright, or do not have permission to share.
CISPA (Cyber Intelligence Sharing and Protection Act) is not dead, people. It is rearing its ugly head, yet again. Which means we need to proceed with caution, whilst reminding our employees (read: elected officials) that CISPA is a bridge too far. For those who are interested in maintaining their liberties, I will cover CISPA's reincarnation in a subsequent post.
Some factions within our federal government have been on their hind legs, with respect to copyright issues on the Web. Thankfully, saner minds have prevailed, but don't get lulled into thinking the problems have disappeared. They most definitely have not.
When a member of this site posts something that breaches another person's copyright, that is all wrong. But what is really wrong is that when that happens, the authorities start looking for the publisher. And that, boys and girls, would be yours truly.
I'm not naming any names, I am not pointing any fingers, nor am I assigning any blame to anyone. I just need for everyone to understand my position, as the publisher of this site.
A member of this site mentioned he had some scans of a magazine article, available on another, external Web site. That is risky stuff, but it has naught to do with me, so if that member wants to run those risks, I am quite alright with it.
Another member then posted some scans of a magazine article, to a thread on this forum. I've no idea if they were the same scans as mentioned earlier, or not. It really makes no difference, because the scans were suddenly breaching copyright in my playground, which means I would be liable for the unlawful publication. As a result, those scans were removed. Thanks to 409T for catching what had happened and bringing it to my attention. There will be a small percentage added to his weekly pay, trust me. <cough>
This tells me it is time for a quick review of what is permissible and what is not, under present copyright laws.
Many people think that once something has been posted to the Internet, it no longer has any copyright protection. That is a myth. The truth is that if someone has published photos, graphic images, songs or articles to the Web, you cannot use them, copy them, or post them, without permission.
The person who created these works owns them. And they have copyright protection from the very instant they are published.
Many people this they can copy something they have found online, just as long as they give the copytight holder credit, or a link back to the originally published work. That is a myth, unless the copyright owner specifically provides permission to copy the work. Without granted permission from the copyright holder, the work/s cannot be used.
Many people think they can edit copyright material, in order to make it their own. That is a myth. Work derived from other work is still covered by the original copyright. Editing the original or altering the original work does not change the copyright.
There is one exception to be noted - You are allowed to refer to original work, if you are writing a review of that work, as the review would fall under fair use.
Many people think if they do not see a copyright symbol or a copyright notice, then work can be freely copied. That is a myth. Original work does not require any kind of copyright notification, in order to have copyright protection.
Many people think they can use copyright material, as long as they do not realize and income or financial gain from the use. That is a myth. Whether you make any money or not, you are still in violation of the copyright. Trying to claim you are giving the copyright holder free advertising is not a valid defense, although a court decision on copyright violation might very well attach any income derived from the breach of copyright.
For instance, if you post something to this forum, you hold the intellectual copyright for that work. By using this forum, you also agree to give me and my assigns free license to use, publish and display your work. But that does not mean another member of this site can copy your work to another forum, without permission from both you and myself. You hold copyright to the content expressed in the post, whereas I hold copyright to the post, itself. Although it is quite unnecessary for me to do so, I make our copyright policy very clear, in multiple areas on this site, so there can be no confusion as to how you and I are both protected.
Please, believe me when I say I hate all this legal stuff. I just want to run a discussion forum, without any hassles or problems. But the end game is that by operating this site, I have to endure all the hassles and problems that come along with it. And, at this stage of the game, I simply cannot afford any legal mistakes to be made.
So I am asking all of you to be mindful of what you are posting. If it is a picture, was it a picture taken or created by you? If not, then I need you to provide me with permission from the copyright holder, before we can publish it to this site. If it is a post from another site, then I need you to provide me with permission from both the author of the post, as well as the owner of the other site, before we can publish it to this site. I honestly don't like issuing yet more limitations as to what we can and cannot do on this site, but I also need to be sure I am covering my own bum. So help me out, by not posting material for which you do not hold copyright, or do not have permission to share.
CISPA (Cyber Intelligence Sharing and Protection Act) is not dead, people. It is rearing its ugly head, yet again. Which means we need to proceed with caution, whilst reminding our employees (read: elected officials) that CISPA is a bridge too far. For those who are interested in maintaining their liberties, I will cover CISPA's reincarnation in a subsequent post.