Tim, Doug, Austin,
Thank you for all the feedback. Especially Austin with all the "chapter and
verse." I think we will just leave it as is. It would seem that posting it
to the forum is clearly within fair use but the NYT takes exception to it
appearing without their copyright notice which seems fair enough although I
think clearly identifying them as the source would be good enough. Their
dislike of mass e-mailing I can't do anything about since those all went out
within minutes after the post went up.
Besides, the more murky the legal waters get the less obliged I feel to sort
it out. My original concern came out of the recent issue over the Binbook(?)
copying of this group's posts without permission. I did not wish to be
hypocritical and do the same thing we had objected to their doing. Perhaps
newspaper articles fall into a different category or the fact that Binbook
was a for-profit operation.
Perhaps as a guideline for the group for similar situations in the future we
should stick the copyright notice at the end of the text in question.
Further thoughts and opinion are welcome!
Martin Wesley
http://www.borderless-photos.de/guests.html
----- Original Message -----
From: "Austin Franklin" <darkroom@...>
To: <DigitalBlackandWhiteThePrint@yahoogroups.com>
Sent: Monday, June 17, 2002 8:47 AM
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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