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While the suits against individual posters (bloggers or forum users) who violate copyrights are on their face defensible, going after forum owners is another matter entirely.
That's absolutely over the line, unless there's some colorable claim that the forum owner was notified by someone with standing or actual knowledge that a party at interest is or would be aggrieved in relationship to SPECIFIC, IDENTIFIED works and ignored the notice - and as far as I can tell from what's been posted thus far in the various areas, that's not the case.
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. The term fair use originated in the United States.
Originally posted by westcoast
So my local on-line paper, that I quote from often, just added this by-line to all thier articles:
"Skagit Publishing material is protected by copyright and may not be reproduced or used in any way, including with a link, without express permission."
So now they are saying that the dozens of articles I have quoted and linked over the past two years where in violation of their copyrights?
Do I need to go back and remove all of these snippets and links in all of my posts or risk legal action????
See how the fear spreads? I think that is what it is all about. Fear = control.
Originally posted by exile1981
Originally posted by aravoth
Can you be sued for "loaning" out a CD? Recording a song off the radio? Are you allowed to play music from your MP3 collection at a barbecue full of people who have never heard that music before?
The arguments behind Intellectual Property do not hold water in the real world.
Actually a dentist office I know got reported because they had TV screens in the ceiling for clients to watch movies on during cleanings or dental work. You could pick a movie and watch it while you get your teeth done. They stopped allowing you to pick movies after they got a letter from a lawyer pointing out that they made watching the movies part of the process of dentistry and therefore they couldn't just goto walmart and buy movies they had to pay a licensing fee to show movies. I also know a bus company that stopped showing movies for a similar reason.
Originally posted by mysterioustranger
Do YOU own any copyrights?
I do. Over 300. All music, and they are on ITUNES etc.
Have you written any books? I have and they are copyrighted, and on Amazon.com. Also, nearly 60 articles and blogs.
Do you own any trademarks? I do, with over 40 years success as an Internationally known company.
Its disheartening to have my stuff hacked up into sections, cut and pasted here and there and out of context, and people create something new and off-topic.
And every one of my books or songs or that my name is used and copied from online, I lose $$$. That shouldnt matter to you though.
We copyrighted authors and song writers don't know where the future of ownership of intellecutal original ideas taken from the creators will end up. But I suspect...it'll be at your house.
Thanks for that......