I'd like to jump in with Sukie concerning the reuse of material from the
FML in newsletters and publications.  A copyright likely exists for FML
posts under the guise of literary works.  Assuming that BIG hasn't had
anyone sign over their copyright for their posts to him as the publisher of
the list, it's reasonable to assume that we all own the copyright to our
own posts.  Please keep in mind that my comments below are based on the
laws in place for what are traditionally thought of as copyrighted works.
Although, copyright on the Internet is something that still must go through
the court systems (I have a professional interest in online copyright and
would like to be corrected about the lack of court cases if I'm wrong),
it's generally good policy to treat online publications with the same
respect but not necessarily more respect than what is accorded print
publications.
 
According to the US Library of Congress, "One major limitation [to an
author's exertion of copyright] is the doctrine of 'fair use,' which is
given a statutory basis in section 107 of the 1976 Copyright Act." Fair
use of copyrighted material is determined by evaluating the commercial or
noncommercial purpose of use, nature of original work, amount used, and
financial effect of use on original work and copyright holder.  Use of
copyrighted material "for purposes such as criticism, comment, news
reporting, teaching...scholarship, or research, is not an infringement of
copyright."
 
So, back to Sukie's point.  If a newsletter is using an entire post from
the FML without receiving permission from the author and the entire FML
post constitutes the newsletter's entire comment or reporting on that
topic, that's very likely not Fair Use.  If a newsletter uses an entire
post from the FML and also publishes a much longer article commenting on or
criticizing that FML post, that is likely not an infringement of Fair Use.
(Satire is also protected.  I think it was the Beastie Boys who won a case
where they were accused of copyright infringement for recording a satirical
version of an already published song.)  If someone on the FML posts detailed
information about a medical or surgical procedure and then that post is
printed, photocopied, and distributed by a professor in the classroom, that
is not an infringement of copyright.  In many cases, whether a use is fair
is a subjective decision and has to do not so much with the strict
definition of whether or not something was used but rather what the effect
of that use was on the original copyright holder.  The positive side of
this is that knowing that the words let loose on the FML could legally be
used in print by any ferret newsletter publisher anywhere should make
people think twice before saying embarrassing things.
 
People who submit articles to me at The American Ferret Report or to other
newsletters should discuss copyright with the publisher.  For example, the
copyright of original works published in the AFR belong to the AFA.  We say
that right on the masthead.  Exceptions are made so that good writers can
submit their works to a wider audience, but it is required that those
articles forever more carry the stamp that they were first published in the
AFR and that permission is requested from the AFR.
 
Never, ever, ever, submit an article that is already posted on the Internet
or published in another publication without telling the newsletter editor. A
simple omission on your part could land your ferret friends in hot legal
water or at the least create bad blood between organizations that should be
helping each other.
 
Please keep in mind that I am not a copyright lawyer or expert but do deal
with copyright on a daily basis in my day job and in working with The
American Ferret Report.  Anyone who wants to take me to task over this can
meet me at the Baltimore Ferret Club Monster Mash.  I hope to be working
the AFA booth (with shopping breaks, of course) and will have some copies
of the AFR for distribution.
 
Lori Barber
Managing Editor
The American Ferret Report
www.ferret.org
E-mail: [log in to unmask] or [log in to unmask]
 
[Moderator's note: I'm not a lawyer either.  I do agree with most of Lori's
note, though I would argue that "fair use" is MUCH more limited than she
implies.
 
Regardless, I can say without a doubt that rights to individual FML posts
do indeed belong to their original authors.  I can claim a compilation
copyright, but in no case are the authors' rights lost.  It is a very good
idea to always ask for permission (of the posts author) before using an FML
post, and I will make every effort to uphold the rights of authors.  BIG]
[Posted in FML issue 2831]