Digital BW, The Print

Hey Austin,

Your better at searching for the T&C than me!

As for fair use - it's been a couple of years, but I was heavily involved in
some issues around fair use. What I do recall was that all those terms:

> or purposes
> such as criticism, comment, news reporting, teaching (including multiple
> copies for classroom use), scholarship, or research,

Have been defined by case law and generally the decisions were narrower
rather than broader use. Internet lists only came into it tangentially, but
the prevailing feeling was that fair use was a hard case to make, based on
the case law.

But things may have changed since then, and there may be some specific cases
by now which apply (especially around the issue of mailing list
archives/databases, copyright material and cases such as Tasini?)

tim


> -----Original Message-----
> From: Austin Franklin [mailto:darkroom@...]
> Sent: Monday, June 17, 2002 9:48 AM
> To: DigitalBlackandWhiteThePrint@yahoogroups.com
> Subject: RE: Posting Copyrighted material was: Re: [Digital BW] "Does a
> Painter With a Camera Cheat?"
>
>
>
> > However, the NYTimes (like many newspapers) actually encourages
> > and enables
> > you to e-mail the whole article via it's website system. They
> don't appear
> > to put limits on who or what you can e-mail it to (I can see
> > nothing saying
> > you have to email it to a single friend - for example). So, they seem to
> > encourage the promulgating. So in this case, I think you'd have
> to make a
> > pretty strong case that posting it isn't permitted.
> >
> > tim
>
> From US Copyright Laws, Title 17, Chapter 1, S107:
>
> "Notwithstanding the provisions of sections 106 and 106A, the
> fair use of a
> copyrighted work, including such use by reproduction in copies or
> phonorecords or by any other means specified by that section, for purposes
> such as criticism, comment, news reporting, teaching (including multiple
> copies for classroom use), scholarship, or research, is not an
> infringement
> of copyright."
>
> And...from "Fair Use" FL102:
>
> "There is no specific number of words, lines, or notes that may safely be
> taken without permission."  And, as you said, the NYT DOES allow you to
> email their articles, without any restrictions on number of recipients...
>
> Though see this:
>
> http://www.nytimes.com/ref/membercenter/help/permission.html
>
> Which states:
>
> "A Posting a New York Times article in a non-commercial newsgroup
> environment for the purpose of discussion is permitted if it is
> not possible
> or practical to link to the article on our website. It is not permitted,
> even in a newsgroup environment, to create an archive of New York Times
> articles. New York Times articles posted in compliance with this policy
> shall include the following copyright and permission notice:
>
> (c) 2002 The New York Times Company. Reprinted by Permission"
>
> What's important here, is it states that it can't be archived...
>
> And to continue down this section:
>
> "If the discussion group is email based, only the URL may be distributed
> with a link back to the article on our website. Other than distribution
> through the "Email This Article" feature on our website, email
> distribution
> to discussion groups of New York Times articles requires our permission."
>
> So, it appears that posting an entire article IS against their rules...but
> that does NOT mean it is "illegal".  I do not believe posting a link is in
> any way, shape, or form, against the law, as one can not copyright a URL.
>
> Austin
>
>
>
>
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