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Subject:
From:
Carla Almaraz <[log in to unmask]>
Date:
Fri, 10 Feb 1995 18:16:27 -0800
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Ok, if Laura can give info as a vet student, I'm inclined to give input
*on this subject only* as a law student. I am studying Intellectual
property this semester along with another (lurking) FML'r (hi Z!).
 
1. The code covering copyrights is 17 U.S.C.
 
2. For works published after 1989, the copyright symbol does not have to be
displayed to be copyright protected.  Any original work has copyright
protection. However, if the copyright notice is displayed, then innocent
infringement will be less of a possibility.
 
3. Only the copyright owner or authorized agent (which Bill is not) may
make copies of protected works. Making a copy of a protected work is
infringement unless consent is given by the owner OR excused.
 
4. Fair use is one excuse. They are the purpose and character of use,
nature of the copyrighted work, amount and substantiality of portion
copied, and effect on market for copyrighted work are the 4 determinative
factors.  Private, non-commercial, "socially useful" copying is more
likely fair use. However, reproducing an entire article is using a
"substantial" portion and may have an effect on the market for the
copyrighted use.
 
After talking with the Intellectual Property lawyer, he said their firm
was one of the first to win a case against a bulletin board owner. There
has been a "white paper" published by the Copyright Office for laws
regulating electronic mail. Comments were solicited and the "green paper"
is due out next week.  Bill, this green paper may give you some guidance.
The lawyer said, "Don't do it or understand what you are getting yourself
into."
 
These laws also apply to the ferret comics, like the wonderful Wiley
cartoon, that were widely distributed via electronic mail.
 
I believe the portion of the copyright law that Jim Makowski cited is for
education use only.
 
        -Carla Almaraz
        Lewis and Clark Northwestern School of Law
        Class of 1997
 
[Moderator's note: Thanks Carla.  And thanks to everyone else who emailed me
or the list about this issue.  The bottom line is we have people on both sides
of the issue who are pretty sure of the facts :-(. I welcome further responses,
but since this is a *ferret* mailing list after all, it's probably best not to
post more of them here unless they are unusually pertinent or something.  BIG]
[Posted in FML issue 1102]

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