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Copyright Infringements

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Guest Stujoe
§ 107. Limitations on exclusive rights: Fair use38

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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include....

 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

 

(2) the nature of the copyrighted work;

 

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

 

(4) the effect of the use upon the potential market for or value of the copyrighted work.

 

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

 

 

Just thought I would finish the cite for you. :ninja:

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Guest Stujoe
The above fair use rules apply here as to all copyrights and as I post here anonymously, I do not qualify for any copyright protection.  Unless stujoe is your real name, you too post anonymously.  Now, before you all jump at me, pseudonyms are not exactly what I am talking about, anonymous pseudonyms are the point. 

 

Hello again. :ninja: Revisiting this because I have been doing some 'Copyright' research for another project I am doing.

 

I am curious as to what you mean by singling out "anonymous"?

 

As far as I found in my study tonight, it matters not except on the time frame of the copyright. And there is no difference between anonymous and pseudonym in regards to (US) copyright.

 

© Anonymous Works, Pseudonymous Works, and Works Made for Hire. — In the case of an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.

 

 

http://www.copyright.gov/title17/92chap3.html

 

 

I have not read everything related to anonymous works but the above sure seems to indicate that they have a copyright status. What information am I missing?

 

BTW: Stujoe is indeed part (or rather parts) of my name ;)

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This has cropped up on another list but this is probably a better forum for discussion.

 

The specific issue revolves around copying books or articles for ones own use. The first impulse is t say copying any book is wrong and illegal, noting that legal enforcement would be unlikely if the copy is kept. The violation would be purely technical as well as ethical.

 

I don't think I agree with my first impulse. For a work that you wuld refer to again and again, like a reference book of coin types and prices, the photocopy would deny the author or reseller of the copyright a profit while yielding utility to the copier.

 

However, take someone doing research. They copy a work one time in order to do the research without being stuck at the library. They create their work with appopriate footnotes and never use the photocopy again. In this case I don't see how making the copy would be wrong ethically.

 

I suppose this is why it is a matter of civil law. When people are civil the law won't bet needed

:ninja:

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For such purposes we pay an extra fee here in Germany every time we buy a photocopier, scanner, or similar device. When using such a device for commercial purposes, ie. if you run a copy shop, you pay an annual fee. The money then goes to the "VG Wort", a non-profit organization which collects royalties.

 

The fee depends on the type and speed of the device, and also on its location. Operating a Class I photocopier in a city without a university for example costs about €20 per year, operating a Class IV copier near a university is about €150 per year. And in a university building that can be almost €400 per device and year.

 

The collected royalties will then be distributed among the authors, publishing houses, etc., that registered with the VG Wort. Granted, an author won't get much from that, but it still is better than not getting anything. And those who copy entire books - we are always talking about copying for private use here - do not really have to feel guilty if they do that because a book that they need cannot be purchased at bookstores any more.

 

Christian

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That is a interesting concept

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A significan portion of this article of mine

http://www.coin-newbies.com/articles/what_is_a_coin.html

appeared on a website from a museum at Vassar.

 

They have since taken down the website.

 

Apparently, they let their classics, fine arts, or history students write for the site and one of them lifted three or four paragraphs from me and dropped it in his own work.

 

I wrote to them about it.

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