Copyright/Thesis Re: [Unschooling-dotcom] Re: thesis research
Nora or Devereaux Cannon
This may be wandering a little bit afield, but because it has
come up, it might be helpful to dust off my copyright lawyer's
hat and toss out some information....
Copyright subsists in "any original work of authorship fixed in a
tangible medium of expression" - to wit e-mails, if your machine
captures them (and it does). 17 U.S.C. § 102(b). The copyright
vests upon creation in the author, except in the case of a "work
made for hire". 17 U.S.C. §201(a), (d). For instance, Yahoo!'s
acknowledge your ownership of your posts; the terms of service
include a license to Yahoo! from the author of any message posted
in the groups, to allow distribution, display and other exclusive
rights belonging to the copyright owner.
http://docs.yahoo.com/info/terms/
In preparing a thesis, the issue in all likelihood would not be
whether there is a copyright in the e-mail belonging to the
author, but rather whether the academic use would fall under fair
use. 17 U.S.C. 107 In advising clients on copyright and fair
use issues, I have always been very careful to say that anyone
who gives an absolute answer on fair use, short of reading the
Supreme Court's decision on the same case simply does not
understand fair use. There are four factors balanced to
determine fair use: (1) the purpose and character of the use;
(2) the nature of the copyrighted work; (3) the amount and
substantiality of copying; and (4) the market effect. 17 U.S.C.
107.
Were I writing a paper about internet communications and
community, I would not hesitate over copyright issues in using
messages from this list. I might well be inclined to seek
specific permission if I were writing on unschooling, where my
paper might ultimately become a competing work. Similarly I
would evaluate the torts of rights of privacy and publicity
differently depending on the actual subject of the paper. And
finally, I would act based on how risk averse I was.
come up, it might be helpful to dust off my copyright lawyer's
hat and toss out some information....
Copyright subsists in "any original work of authorship fixed in a
tangible medium of expression" - to wit e-mails, if your machine
captures them (and it does). 17 U.S.C. § 102(b). The copyright
vests upon creation in the author, except in the case of a "work
made for hire". 17 U.S.C. §201(a), (d). For instance, Yahoo!'s
acknowledge your ownership of your posts; the terms of service
include a license to Yahoo! from the author of any message posted
in the groups, to allow distribution, display and other exclusive
rights belonging to the copyright owner.
http://docs.yahoo.com/info/terms/
In preparing a thesis, the issue in all likelihood would not be
whether there is a copyright in the e-mail belonging to the
author, but rather whether the academic use would fall under fair
use. 17 U.S.C. 107 In advising clients on copyright and fair
use issues, I have always been very careful to say that anyone
who gives an absolute answer on fair use, short of reading the
Supreme Court's decision on the same case simply does not
understand fair use. There are four factors balanced to
determine fair use: (1) the purpose and character of the use;
(2) the nature of the copyrighted work; (3) the amount and
substantiality of copying; and (4) the market effect. 17 U.S.C.
107.
Were I writing a paper about internet communications and
community, I would not hesitate over copyright issues in using
messages from this list. I might well be inclined to seek
specific permission if I were writing on unschooling, where my
paper might ultimately become a competing work. Similarly I
would evaluate the torts of rights of privacy and publicity
differently depending on the actual subject of the paper. And
finally, I would act based on how risk averse I was.
[email protected]
In a message dated 3/10/03 1:25:07 PM, dcannon@... writes:
<< Copyright subsists in "any original work of authorship fixed in a
tangible medium of expression" - to wit e-mails, if your machine
captures them (and it does). >>
Not always. Sometimes their only capture is at a yahoo website. Sometimes
the person you sent it to has it but you don't have an e-mail program set to
keep it.
-=-For instance, Yahoo!'s
acknowledge your ownership of your posts; the terms of service
include a license to Yahoo! from the author of any message posted
in the groups, to allow distribution, display and other exclusive
rights belonging to the copyright owner.-=-
So yahoo can distrubute and display it. Archives.
Can members not say "I read this: quote, quote quote" whether or not they
cite the author's name, as long as they're not pretending they wrote it or
selling it?
A thesis isn't even like a newspaper or magazine article. Hardly anyone will
ever see it no matter HOW good it is. Market effect is zip.
Sandra
<< Copyright subsists in "any original work of authorship fixed in a
tangible medium of expression" - to wit e-mails, if your machine
captures them (and it does). >>
Not always. Sometimes their only capture is at a yahoo website. Sometimes
the person you sent it to has it but you don't have an e-mail program set to
keep it.
-=-For instance, Yahoo!'s
acknowledge your ownership of your posts; the terms of service
include a license to Yahoo! from the author of any message posted
in the groups, to allow distribution, display and other exclusive
rights belonging to the copyright owner.-=-
So yahoo can distrubute and display it. Archives.
Can members not say "I read this: quote, quote quote" whether or not they
cite the author's name, as long as they're not pretending they wrote it or
selling it?
A thesis isn't even like a newspaper or magazine article. Hardly anyone will
ever see it no matter HOW good it is. Market effect is zip.
Sandra
Nora or Devereaux Cannon
The Yahoo! capture may well be enough; moreover it is almost
impossible to avoid having your hard drive capture what you type,
as any number of criminal defendants have discovered. Given that
the person writing the thesis has no way of knowing what if any
fixing of the work has been done, he has no practical way except
asking to determine whether there is a copyright. The
intellectual dishonesty of plagiarism wasn't part of my calculus,
given that each institution has differing codes of conduct.
As I said, whether the defense of fair use to the allegation of
copyright infringement is available requires significant
balancing. If he wants legal advice on how to proceed, he will
need to consult a lawyer of his own; nothing in my e-mail is
legal advice.
impossible to avoid having your hard drive capture what you type,
as any number of criminal defendants have discovered. Given that
the person writing the thesis has no way of knowing what if any
fixing of the work has been done, he has no practical way except
asking to determine whether there is a copyright. The
intellectual dishonesty of plagiarism wasn't part of my calculus,
given that each institution has differing codes of conduct.
As I said, whether the defense of fair use to the allegation of
copyright infringement is available requires significant
balancing. If he wants legal advice on how to proceed, he will
need to consult a lawyer of his own; nothing in my e-mail is
legal advice.
----- Original Message -----
From: <SandraDodd@...>
To: <[email protected]>
Sent: Monday, March 10, 2003 2:37 PM
Subject: Re: Copyright/Thesis Re: [Unschooling-dotcom] Re: thesis
research
|
| In a message dated 3/10/03 1:25:07 PM, dcannon@... writes:
|
| << Copyright subsists in "any original work of authorship fixed
in a
|
| tangible medium of expression" - to wit e-mails, if your
machine
|
| captures them (and it does). >>
|
| Not always. Sometimes their only capture is at a yahoo
website. Sometimes
| the person you sent it to has it but you don't have an e-mail
program set to
| keep it.
|
| -=-For instance, Yahoo!'s
|
| acknowledge your ownership of your posts; the terms of service
|
| include a license to Yahoo! from the author of any message
posted
|
| in the groups, to allow distribution, display and other
exclusive
|
| rights belonging to the copyright owner.-=-
|
| So yahoo can distrubute and display it. Archives.
|
| Can members not say "I read this: quote, quote quote" whether
or not they
| cite the author's name, as long as they're not pretending they
wrote it or
| selling it?
|
| A thesis isn't even like a newspaper or magazine article.
Hardly anyone will
| ever see it no matter HOW good it is. Market effect is zip.
|
| Sandra
|
|
| ~~~~ Don't forget! If you change topics, change the subject
line! ~~~~
|
| If you have questions, concerns or problems with this list,
please email the moderator, Joyce Fetteroll
(fetteroll@...), or the list owner, Helen Hegener
(HEM-Editor@...).
|
| To unsubscribe from this group, click on the following link or
address an email to:
| [email protected]
|
| Visit the Unschooling website: http://www.unschooling.com
|
| Your use of Yahoo! Groups is subject to
http://docs.yahoo.com/info/terms/
|
|
|
Have a Nice Day!
Very interesting!
Thank you for sharing that.
Kristen
Thank you for sharing that.
Kristen
----- Original Message -----
From: Nora or Devereaux Cannon
To: [email protected]
Sent: Monday, March 10, 2003 3:27 PM
Subject: Copyright/Thesis Re: [Unschooling-dotcom] Re: thesis research
This may be wandering a little bit afield, but because it has
come up, it might be helpful to dust off my copyright lawyer's
hat and toss out some information....
Copyright subsists in "any original work of authorship fixed in a
tangible medium of expression" - to wit e-mails, if your machine
captures them (and it does). 17 U.S.C. § 102(b). The copyright
vests upon creation in the author, except in the case of a "work
made for hire". 17 U.S.C. §201(a), (d). For instance, Yahoo!'s
acknowledge your ownership of your posts; the terms of service
include a license to Yahoo! from the author of any message posted
in the groups, to allow distribution, display and other exclusive
rights belonging to the copyright owner.
http://docs.yahoo.com/info/terms/
In preparing a thesis, the issue in all likelihood would not be
whether there is a copyright in the e-mail belonging to the
author, but rather whether the academic use would fall under fair
use. 17 U.S.C. 107 In advising clients on copyright and fair
use issues, I have always been very careful to say that anyone
who gives an absolute answer on fair use, short of reading the
Supreme Court's decision on the same case simply does not
understand fair use. There are four factors balanced to
determine fair use: (1) the purpose and character of the use;
(2) the nature of the copyrighted work; (3) the amount and
substantiality of copying; and (4) the market effect. 17 U.S.C.
107.
Were I writing a paper about internet communications and
community, I would not hesitate over copyright issues in using
messages from this list. I might well be inclined to seek
specific permission if I were writing on unschooling, where my
paper might ultimately become a competing work. Similarly I
would evaluate the torts of rights of privacy and publicity
differently depending on the actual subject of the paper. And
finally, I would act based on how risk averse I was.
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~~~~ Don't forget! If you change topics, change the subject line! ~~~~
If you have questions, concerns or problems with this list, please email the moderator, Joyce Fetteroll (fetteroll@...), or the list owner, Helen Hegener (HEM-Editor@...).
To unsubscribe from this group, click on the following link or address an email to:
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