I never thought I would have to write this, but a few things have been
brought to my attention that probably need to be addressed, not just from
my perspective, but for everyone else on the FML as well.  I am not posting
this to harm anyone's reputation, so no names are being mentioned.
 
I have discovered person(s) using my FML posts without permission or
notification.  While this is not a major concern to me (why would I put it
on the FML or even write it?) at least in one case I have an ethical
conflict with the values of the organization which has used it.  So I
thought a minor discussion of both legal and my personal policy towards
using my stuff is in order.
 
Anything from Modern Ferret belongs to them.  It is copyrighted in their
magazine, and no longer belongs to me; I have released all materials to
them, including all present and future rights.  If you want to use those
materials, you need to contact that magazine and obtain their permission.
If I discover such use, I will notify them.
 
I am unaware of FML copyrights on published materials.  My assumption is
there is none because nothing is mentioned in the FML head.  But even if
individual FML issues are copywrited without notice, I still maintain all
copyrights to republication of my FML posts, which means, I own them even if
they are published here.  As does each of you regarding your stuff.  And
like a poem, photo or any art work, you do not lose those copyrights simply
because you place that work on public display.  Nor are you required to
place a copyright mark to maintain it.  As I understand the law, unless you
agree to give up those copyrights, usually by written consent, they remain
yours to do with as you will.
 
I have *never* refused a request to republish my work in any newsletter or
electronic media, and the requests have been *plenty.*  Nor have I become
upset when someone has written to me saying they read something I wrote in
a newsletter I am unfamilar with or never recieved a copy of.  But using
someone's work, either by including it as part of your own work or using
portions of it without proper citation, is both plagerism and copyright
infringement.  It also shows you are insensitive at best and a thief at
worst.  If you print someone's work, edited or unedited, without their
permission, even *if* you give them full authorship in a byline, you are
guilty of copyright infringment and, depending on the person offended, run
the risks of legal action.
 
It is permissiable to quote limited passages of other people's work provided
they are cited properly.  You do not need permission to do so.  But printing
major portions can be considered breaking copyright laws, and complete
portions is definately doing so.  You cannot run any portion of a photo or
artwork without permission, nor use any portion of that work as part of your
own.  (There is a recent case where a person copied a part of someones
photograph, applied a texture, then submitted it as their own work.  They
won a first place prize and a lawsuit, and lost both).  You *can* copy
documents, even photos or other artwork, for your *personal* use or for
*personal* educational reference, but you cannot distribute them for any
reason, even to others, without the owner's consent.  (A professor who
copied journal papers and book chapters, then sold them *at photocopying
cost* to his students lost that argument, and the school lost plenty in
fines).  The bottom line is, each person has full ownership of their
personal work unless they agree otherwise.
 
Between you and me, I don't see a problem with copying something that is
unavailable to another person, and then giving it to them, because it
doesn't seem to violate the intention of private or educational use.  I do
this on occasion, and sometimes people do it for me.  But I am not
photocopying entire books or setting up informational packets for
redistribution, either.
 
Please, if you want to use my stuff, even the pictures from my home page, I
don't mind.  But please ask.  It is polite and considerate and respectful
to do so.  I don't contibute to this list for money, nor to sell books or
ferrets, nor to start my "own" club, nor anything else for that matter.  I
contribute for a single reason, and that is because (within my personal
spiritual system of beliefs) that those with knowledge have the moral
responsibility to share it with those that do not.  Nothing more.
 
Here's some tips for anyone who wishes to use anyone's posts.  1) Assume
all work is completely owned by the creator, regardless of media.  2) Ask
politely beforehand.  3) Thank them afterwards, even if you are refused.
4) Send them one or two copies at no cost or obligation.  5) If printed in
a newsletter, give them a free year subscription.  If you follow those rules
of polite behavior, I think you will find everyone else just like me; happy
to accomodate.  That way we can all share the best we all have to offer
without worrying about stepping on anyone else's toes.  Its the respectful
and polite thing to do.  Its the ferret thing to do.
 
Bob C and 20 MO Polite (for now) Furkittens
 
[Moderator's note: Bob's understanding of such matters matches my own.
*ALL* posts on the FML are automatically copyrighted by the poster, NOT by
me.  I can probably claim a compilation copyright, but I haven't done so --
though I may do so in the future.
 
If you wish to use posts which appeared on the FML, please check with the
original poster.  It would be nice to mention the FML as a source as well
(and probably a good idea too :-)), but you must get permission from the
original author -- I can't speak for the poster.
 
Likewise, please don't send to the FML things which other people wrote
unless you have permission to do so.  Although, in this case, there ARE some
exceptions which might make it OK, so if you're not clear, feel free to ask.
But newspaper articles which people pulled of the internet are favourite
things to send to the FML.  And these will just about always get rejected.
Sorry.... but we gotta stay legal here.  BIG]
[Posted in FML issue 2249]