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]