I've been sent posts from Sukie and from Lori (with Bill's comments)
regarding copyright and fair use.  As part of the background for starting
up the Fellow Ferret Geeks, I did some extensive research on what exactly
was "fair use".  Part of this research included discussions with a
librarians at MU and the Library of Congress.  I THEN called a copyright
lawyer (actually, a professor of copyright law at MU, but it sounded like
I had access to big time legal help, didn't it?).  An hour and one massive
headache later, I have a confused understanding of "fair use."
 
Unless you specifically give permission, your work cannot be used without
violating copyright.  As Lori pointed out, there are exceptions.
Regardless of the gray area surrounding the definition of "fair use," you
cannot REPUBLISH the original work FOR ANY REASON without permission
(newsletter use would be considered republishing).  You can QUOTE parts (if
the work is written; does not apply to photos or artwork) so long as you do
not exceed "fair use." This even extends to rebuttals (sorry Lori ;-( ).
In other words, if I wrote a 5 page paper on snail culture and you wrote a
rebuttal, you simply CANNOT reprint the entire original paper.  However,
you can publish specific passages as "cited quotes" for the rebutal.
Remember, "fair use" is not an excuse to infringe on intellectual property
rights OR copyrights.  A good rule of thumb is, if you could be accused
of plagerism, you have violated the spirit of "fair use." As for using
material from computer media, just because it might be seen in the public
does not infer it is in the public record.  A chat room might be regarded
as a public meeting, but the FML is not.
 
As it was explained to me, "fair use" is mostly designed to protect private
individual use, especially those involved in research and scholastic
activities.  "Fair use" allows individuals, like me, to photocopy articles,
book chapters, photos, etc., provided they are for my personal use ONLY.  I
know a professor who got in one hell of a lot of trouble when he was caught
duplicating papers for his class.  Even though the end results were the
same, the law sees the professor copying for the class as violating "fair
use," but the class photocopying on their own is not a violation.  Also,
some journals CHARGE institutions for copying papers for student
distribution (especially journals published overseas).  So, you don't even
have to republish something to violate "fair use;" all you have to do is
(re)distribute someone else's work without permission.
 
This question was very important for me to understand regarding the Fellow
Ferret Geeks.  Under the law, libraries and archives are allowed to furnish
"fair use" copies.  THAT is why I decided to make my collection an offical
ferret information archive.  Get it?  I was worried providing photocopies
for people would violating copyright--even in fair use situations.  But
as a recognized archive, I can provide copies, so long as I respect the
intention of the law regarding "fair use." This is what I will be required
to place on anything I make available:
 
"The copyright law of the United States (Title 17, US Code) governs the
making of photocopies or other reproductions of copyrighted material.
Under certain conditions specified in the law, libraries and archives are
authorized to furnish a photocopy or other reproduction.  One of these
specified conditions is that the photocopy or other reproduction is not
to be "used for any purpose other than private study, scholarship or
research".  If a user makes a request for, or later uses, a photocopy or
reproduction for purposes in excess of "fair use", that user may be liable
for copyright infringement.  This archive reserves the right to refuse to
accept a request if, in its judgement, fulfillment of the request would
involve violation of copyright."
 
Notice that there is no mention of "newsletter" along with "private study,
scholarship or research"?  So, I can photocopy Joe Blow's paper on "Ferrets
in Egypt" so I can have it available for research.  I can quote from the
paper, so long as the quotes are not extensive.  But if I reprint or
redistribute the paper without permission, I'd better have really good
insurance; I would be throwing cut fish to the sharks.  And so will ANYONE
who reprints someone else's work without permission, even FML posts.  I
have a long policy of NEVER refusing to allow my work to be reprinted,
and I have even given some trusted, select people (like Modern Ferret)
permission to republish my work *WITHOUT* notification (to save them
deadline time).  I have never actually gone after anyone who has printed
my material without my knowledge (plenty have).  But I am a strange
individual; my motives are geared towards helping ferrets, not making a
profit.  Even so, if I felt I was being hurt by a particular use, I would
take legal action to protect my interests (I once was paid an out-of-court
settlement of $2000 for a copyright violation for a photo that would have
sold for one-time use for $50.)
 
My best advice to ferret newsletter editors?  ASK FIRST!  Then, give a free
copy of the newsletter (the one with the article) to the author.  Better
yet, give them a free year's subscription; what's the cost of half a dozen
stamps compared to the goodwill it generates?  Besides, such a gift can be
seen as compensation should something nasty happen later (especially if you
print in the newsletter all published articles will be compensated for with
a free subscription).  Be polite to the author; they are doing you a favor.
Be understanding if, because of life deadlines, they cannot make your
newsletter deadlines.  If you have to make editing changes, don't surprise
them in print; let them see it beforehand.  If you have to bump the story
to make room for something else, tell them.  Never assume anyone will give
you their work for free; some people feed their children (or ferrets) by
selling their work, and using it without permission is the same thing as
stealing money from their pocket.  Theft is theft, regardless if your
intent was good.  And last, if you see copyright violations, please inform
the copyright owners.  This is especially important with photos or artwork,
regardless if you downloaded them off the web or not.  Just because a
picture is on a website, it doesn't mean it is in the public domain.  A car
parked on the street is in the "public domain," yet it still belongs to the
owner.
 
Bob C and 18 Mo' Ferret Users
 
[Moderator's note: I'm not a lawyer either, but I consider myself VERY well
educated about intellectual property laws.  Bob's understanding of the
issues is very similar to mine: Please: always ask.  BIG]
[Posted in FML issue 2833]