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 Posting Copyrighted Material is Prohibited
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By: MayLine (offline) on Monday, February 06 2012 @ 11:18 PM EST  
MayLine

Thanks, JudyB & gemini...... Those were good answers and helped me. Judy your paragraph on my avatar is similar to what I had found on my own too, so that was reinforcing. Answers to other questions will be forthcoming I'm sure. Gemini, I am surprised by that copyright answer. Other sites reference the fee to copyright something. (But I believe you). Smile

I'm going to re-read Richard's posts in the morning and check out that link, gemini. Thanks!

The good old days before the internet - Wallace Wood's Rule: "Never draw what you can copy; never copy what you can trace; and never trace what you can cut out and paste up." Green LOL
-- Wallace Wood, legendary cartoonist

(The above was always taped to the wall in studio during my grad years in design school) Titter
It's a Brave New World.....



"One touch of nature makes the whole world kin."
William Shakespeare


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By: terrytvgal (offline) on Tuesday, February 07 2012 @ 03:00 AM EST  
terrytvgal

Do people think it would be useful for some of us to put a link to this thread in our signatures to help spread the word? I think, too, it's important for our members to understand that these are rules that pertain to posting anywhere on the internet. We are not trying to ruin anyone's posting fun, just make sure we are not sued.


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By: yalitldevl (offline) on Tuesday, February 07 2012 @ 11:20 AM EST  
yalitldevl

I love your post and quote Dede Green LOL

Boy that's a great idea Terry!


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We are by nature observers, and thereby learners. That is our permanent state. ~ Emerson


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By: AnniesKatz (offline) on Tuesday, February 07 2012 @ 09:26 PM EST  
AnniesKatz

We should all be careful about posting poems from the Web too. I think most of us have done that at
one time or another.Smile


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By: richardpitt (offline) on Tuesday, February 07 2012 @ 10:01 PM EST  
richardpitt

Quote by: MayLine

What about the the concepts of Public Domain and the principle of Fair Use (in the news a lot lately in the political realm.)...



"Fair Use" is a United States copyright concept - and is different from Canada's "Fair Dealing" - and is why we have to understand both at least a little bit and try to at least pay lip service to the fact that we're hosted in Canada yet much of our traffic comes from the US and may of our contributors are in the US and we have US registered arm too.

Fair Dealing is more restrictive - about to get slightly relaxed with the new copyright legislation before parliament, but not nearly as free-wheeling as the US Fair Use is.

For example, Fair Dealing does not allow "collages" or other re-use of an image in the creation of a new work where Fair Use does.

Both do allow use for a news item and education.

Fair Use is "inclusive" meaning that unless the courts rule otherwise, it includes the use you made of the item - where Fair Dealing has a restrictive list of acceptable uses and if it is not on the list then it is prohibited.

So... the answer is - Fair Use is not the governing law on the site, but it is one way to counteract at least US works infringement claims unless they are smart enough to understand the difference themselves.

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By: richardpitt (offline) on Tuesday, February 07 2012 @ 10:07 PM EST  
richardpitt

Quote by: MayLine

I think the issue over at EA is that there has been no intent to realize a profit in our posting of images! If Person A uses Person B's created image on Person A's website to sell something or promote their business, that's one thing - and wrong. But hey -- are we to think we cannot even post a pic of, say, Betty White or of an old 1920's postcard (just random examples) if it pertained to the topic being discussed? What about images from GoogleEarth? Screen captures of things being sold on ebay? (Surely ebay sellers don't copyright every pic of every object they are selling!) Library images of old photos?


It matters not who/what the picture is of - only who took it and when and what you are using the copy for.

The when applies to the fact that eventually (50-70 years after it is taken or in some cases the creator's death depending on what it is and what country) everything falls into the public domain so the 1920 postcard may be in that category.

Quote by: MayLine


My own avatar is a screen capture from an old obscure 1932 children's book. Is it illegal??


See above - depends on what country it was published in

Quote by: MayLine


Also, doesn't a person have to take an action to copyright something? You can't just say it's copyrighted!


In most countries today copyright "vests" as soon as the first copy of something is published - nothing needs to be registered. It used to be, but that has been changed may years ago (1970s???) in the US if I recall. So no, you don't have to register to get it.

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By: richardpitt (offline) on Tuesday, February 07 2012 @ 10:22 PM EST  
richardpitt

One final note:

Just because you think it is logical that something is too trivial or too old or not making money or... does not make it legal to break copyright.

Today's "copyright trolls" (companies specifically set up to reap rewards from people who think exactly like this) delight in sending you a claim for copyright infringement along with a letter to settle for just under the amount it would likely cost you to fight the problem in the courts- the "irritation amount" and they are making millions!!!

To be sure, they are doing this mostly in the music industry but others have at least tried in the newspaper article business (look up Rightshaven for a refreshing look at one that has failed miserably - but it is the exception, not the rule) and the photo copyright side is starting to ramp up.

This is because computers today can do such a wonderful job of finding images that match a given photographer's gallery if they are on any site, resized, cropped, etc. - and the owners of web sites are easy to find and serve with the bill. HWF has already had this happen, including one recently, so we know from first-hand experience about this.

I also know from having a photo re-seller as a customer and talking to them about the business in general.

My (our at HWF) biggest fear is that our members simply ignore the problem and we get dragged into court which costs money, even if we eventually are exonerated (the member is responsible for the post per our Terms of Service - but that won't stop the troll from including us anyway) - it is time and money wasted.

So - we do what we can - educate you, monitor what we can, slap your hand when you transgress and get really upset if you continue - and will remove privileges if necessary since is HWF's site and we simply can't afford to put out the time or money to deal with what is becoming a litigious disease of today's electronic society.

If you really want to help, learn about what is happening in the changes to the laws (being driven by huge amounts of money from the publishing industry) that will make things even worse - and then write your congress-critter or MLA or king or whatever it is that makes your laws and express your opinions about the subject


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By: golden1 (offline) on Thursday, February 09 2012 @ 10:15 AM EST  
golden1

I have been watching Richmond nest and this morning when I clicked in there was a screen that had me review privacy policy for Ustream and agree to it. I have done that before. Could this have been a warning? I will ask a site person that question. I have not done anything that would seem to infringe on privacy at this site. I talked about the snow, but lots of weather talk there on the chat. I asked to share youtubes via obxbarb and got an ok. I have been reporting on this nest as we usually do. It may be a general warning to chat users as some try to share where everyone is from and the mods cut them off quickly. I only bring this here because I have never had this happen before and with all our learning more about copyrights.

I have not used Ustream to document a nest before, but Decorah is Ustream and there doesn't seem to have been a problem.


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