FW: Regarding copyrights and full article quotes

[Frank Abate]

Several points re copyright and fair use.  Please use your "delete" key now
if you consider this off-topic.

1. Copyright is violated if the full text of an article (or book, or
recorded song, etc.) is reproduced in any form without permission.  The fact
that the copyright holder will not likely pursue the matter legally (as when
the copy is posted on the ADS list) does not mean that it is not a
violation.

2. If the copyright holder has posted an article on the Web with a way to
send or forward the full text to others, that would seem to constitute
permission to reproduce.  But in the case of articles from the online NY
Times and Wall Street Journal, for example, one actually send a link, I
believe.  There is an implied difference.

3. Technology has obviously made it much easier to violate copyright law,
but the ease with which it can be done does not mean it is right or to be
encouraged.

4. Copyright law is intended to protect anyone creating and disseminating
intellectual creations, and allow that person to receive due credit and, if
appropriate, compensation for the work.  I cannot fathom how this can be
construed as anything but right and sensible.  As info guru Ted Nelson once
pointed out, people write books and such for two basic reasons -- profit and
glory.  Take either of these away, and the motivation to write is much
diminished, if not destroyed.  These motivations are part of human nature,
in my view.  As technology makes traditional copyright protection harder to
enforce, the long-term solution ultimately must address the "profit and
glory" motives of authors and creators.  Would ANY of us expend the time and
effort required for formal publications if we did not expect to get credit
(at least) and get paid for it (even if indirectly)?  I exclude those few
who can work without such concerns owing to independent wealth.

5. I response to another posting (I forget who) re "fair use", I believe the
concept applies only to quotations and other such partial uses of a text,
not the entire text.  Of course, if a teacher copies an article and
distributes it to a class, no one is likely to pursue the matter.  But post
a full text electronically to a discussion group and you have a different
issue.

This is a matter of great concern, I believe, and I felt compelled to
respond to the recent thread.

Frank Abate

-----Original Message-----
From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU]On Behalf
Of Grant Barrett
Sent: Saturday, April 28, 2001 9:55 AM
To: ADS-L at LISTSERV.UGA.EDU
Subject: Regarding copyrights and full article quotes


I, too, take a liberal view of copyright laws, both domestic and
international. As a
published former journalist and editor, former radio announcer, disk jockey
and
station manager, former art director and current web developer, I'm
sensitive to the
issues of copyright, fair use, licensing, public domain, etc., in print,
broadcast and
digital forms.

In regards to posting full-text articles to ADS-L, I make this list an
exception.
Ordinarily and elsewhere, I just post links and short extracts (which are
perfectly
legal, despite frivolous anti-linking lawsuits). My reasons I make the ADS-L
an
exception (though not often) are manifold:

1. Case law and research done by others suggests litigation regarding
incidental and
infrequent full-article quoting is highly unlikely to be initiated, pursued
or won.

2. Our purposes are academic. The list is run through an educational
institution's
server, our web site is hosted on another educational institution's server
and our
organization, the American Dialect Society, is academic-oriented.

3. Our purposes are non-profit and not-for-profit. We do not charge fees for
accessing the quoted material, or anything else, including the email list,
the web site or
the archives. All of our services are hosted by non-profit or not-for-profit
organizations.

4. Our audience is narrowly defined. Our list membership is relatively
small.
Although it is self-selecting, it is not general broadcast. The archives are
available to
the web at large; however, they are not indexable by search engines or other
third
parties, and so access to the archives is self-selecting and not general
broadcast.

5. Proper credit citations are usually given, including publication name and
an URL.


On a logistical point, links expire while our topics do not. I believe it is
important to have at least the most relevant parts of these articles
available in our
archives, to save us from the recurring topic syndrome and the ever decaying
web.


--
Grant Barrett
New York loves you back.
http://www.worldnewyork.org/