Re: [Paddlewise] more on JFK Jr.

> From: Elaine Harmon <eharmon_at_cs.miami.edu>
> Hi guys
> 
> Ralph's being quoted without his permission from list postings is kind of
> interesting to me. (I'm assuming the other source is also a mail list and
> not a newsgroup.) I would have assumed that these postings are not an open
> publication, no matter how large the list. 

Yes and no.  The list is open for anyone to subscribe.  In otherwords,
your subscription does not have to be approved.  However, it can be
revoked, so in that since, it's not open.  Also, the archives are not
open to non-subscribers, however some messages are available on the
PaddleWise web pages to the public.  These messages *do* contain a
statement which says they may not be reproduced or reprinted without the
author's permission (meaning they are copyrighted).

> I would also consider the use
> he describes as a violation of his copyright. Does anyone know whether any
> court has examined this matter? e

Not as far as I know.  However, for more info regarding copyright, here
are some sites:

Copyright notice does not need to appear on any works that meet certain
conditions.  It is assumed to belong to the originator.  To learn more, see 
the Copyright Act, Title 17, 405:

http://www.law.cornell.edu/uscode/17/405.html

Fair use, US Copyright Act, Sect 107 (3), a factor considered in fair use
is "the amount and substantiality of the portion used in relation to the 
copyrighted work as a whole."  Meaning, you can take excerpts from a
work to make a point, to review the article/report, etc.  It's ok to
take portions of a work and quote from the original to make a point
or review the material, etc.:

http://www4.law.cornell.edu/uscode/17/107.html

Also see Fair Use, Berne Convention

http://www.law.cornell.edu/treaties/berne/10.html

The entire Copyright Act document is made available by Cornell at this
site as well as the Berne Convention Treaty.

Jackie


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