Pagan Journeys
General Topics => General Chat => Topic started by: Fox on February 26, 2010, 06:07:16 PM
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I have run across this little statement several times lately, all from the same blog (which I won't name), and I wanted to get others thoughts on it.
Fair Use Notice: This page may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. This website distributes this material without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C ยง 107.
The section of copyright law noted can be found here... http://www.copyright.gov/title17/92chap1.html#107
I didn't pay much attention to this the first couple times I saw it, but it has really kind of rubbed me the wrong way the last several times I've run across the blog that uses this statement, probably because it pops up in my tag surfer on a daily basis with another new post tagged with that statement.
The issue that sticks in my gut with this is that, from what I can see doing a brief scan of the blog, this person's blog is nothing but repostings of copyrighted material. Just because they aren't making a profit does not mean that they have the right to repost this information. The above clause to the fair use act refers to being able to reproduce material for teaching and educational purposes. I'm not entirely sure that a blog qualifies and is what the clause was written to protect.
Am I just being overly sensitive about people not respecting copyright laws or do you see this as a violation of copyright?
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From what I remember of fair use, the amount of work reproduced is also a factor. Reposting an entire article is not "fair use", it's redistribution of copyrighted material. Posting an EXCERPT with reference to the original is "fair use" as I recall. But how much constitutes an "excert" is sort of fuzzy.
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Without pulling every post and finding its source, I can't say how much got posted, but I can guarantee that there are some that would definitely not fit that criteria.
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I agree with Tirya's interpretation of fair use. It sounds to me like the blogger in question is probably applying the fair use rule a little too liberally.
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I looked through the first several pages on the blog and there wasn't a single original post. :rolleye:
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The "fair use" provision was intended so that book reviewers could quote passages in their reviews, or so that a teacher or the like could quote in debate, or maybe a newspaper editorial. It is limited to short passages, and still require full credit given. If any of my work appeared in a blog or essay that was not commenting on my concepts or discussing the subject philosophically, but merely quoting to get readers, they'd hear from my lawyer in short order.
peace,
ES
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That is really along the same lines as I was thinking. The fact that they are putting that little note at the end of every post smacks of an attitude of "I know what I'm doing is wrong, but I'm going to post this here and try to get away with it anyway".
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If you can find the source of the material, maybe a short note to the original authors is in order...
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I may have to look into that next week. I know that there are a TON of posts from all kinds of sources, but I may be able to get at least a few and that will make a difference.
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What a moron ... totally deserves to get smacked down in any way possible. :stormy:
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What a moron ... totally deserves to get smacked down in any way possible. :stormy:
:yeahthat:
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The Internet is a cluster of copyright violations. The old laws for printed material are very difficult to apply to the instant medium of the Internet. It's going to take people really getting serious about pursuing their rights for the violations to stop. And I don't see that coming.
I have a question though. Sorry to be so ignorant of this. But is there a process one goes through to copyright material in a blog, for instance, or do you just say it's copyrighted and that protects your stuff? For instance, I started a blog recently. I don't have anything in there about the content being copyrighted. But let's say I did include a statement to that effect. Would that mean that no one could take what I said and call it their own? Or would I need to do more than post the statement to stop that from happening (legally, at least?)
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So I just did a google search on Internet copyright laws and answered my own question. Everything is copyrighted whether it is posted as copyrighted or not. Cool.
And yeah, that is violated a lot. Sheesh.
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Does that mean I need to get rid of my avatar pic as I copied it from an interent site? Seriously.
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You are right. Something is technically copyrighted as soon as it is published. For blogs, that means as soon as you've made it available to the public. To protect yourself, I would still put a widget in your sidebar that specifically states that all content on your site is copyrighted unless noted otherwise. It is just an added protection and you are making a point to let your readers know that you are willing to take action against someone who might want to take your material.
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Does that mean I need to get rid of my avatar pic as I copied it from an interent site? Seriously.
If you got it from a place that has copyright notices in place that specifically request that you receive permission to use the image, then yes. If you got it from a site that offers free avatars and they are allowing use without permission, then you should be fine (assuming it came from a reputable source that didn't steal the image from somewhere and is redistributing it).
A good rule of thumb is if you don't know for certain, then don't use it or copy it without getting permission first.
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I have to second what Fox said. Images are protected by copyright as well. My daughter is a digital artist and I'd be pretty peeved if someone posted her work without giving credit.
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The avatar I use most places, a flaming chalice, is from a UU site that posts art for UUs to use copywrite free as a service. There are sites like that for most subjects, just Google for them.
peace,
ES
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I did a little poking around this morning and the blogger in question is very good about making certain that the sources they are pulling from are not accurately credited (if at all) and the ones that are credited appear to be writings that are widely spread and posted about the internet so as to not be able to really tell who the original writer is. What exactly is the point in having a blog if all you are going to do is repost material written by other people and that over 1/2 of that is material that is already in 20 places on the web? :rolleye:
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Heh, heh, Fox I swear that's what has happened with much of the pagan information out there. When searching for information on the Sabbats I have found it is all the same stuff posted over and over and similarly, much of the gemstone info seem to come from just a few sources usually not credited or inappropriately credited, although I find that the gemstone information is shared a little more responsibly than the Sabbat info. Maybe that is because Mike Nichols gives permission to republish his essays, though I find that most people that have done so do not credit him the way he expressly states he wants on his site. :gaah:
What does this mean for our future graduate students? I'd love to talk to a recent grad and see what guidelines they are being given for using internet sources. Surely they are not limited to scholarly journals but how do they sort out the crap from the reputable stuff? It's a hairy nightmare, IMO. And its the same thing for the next generation of solitary pagans who will get much of their information off the net. What does it mean for the evolution of pagan religions, I wonder?
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What does this mean for our future graduate students? I'd love to talk to a recent grad and see what guidelines they are being given for using internet sources.
My daughter just completed her Masters thesis. She could use Internet sources, but she had to validate the author through another medium -- published book, academic check, etc. I think schools are addressing that issue.
But that's academia. As for the general public.... :rotflmao: