Guest guest Posted October 1, 2003 Report Share Posted October 1, 2003 Doug, > I've been part of these public forums since the late 1980's starting with > the WELL. The rule is actually the opposite of what Chris says below > (soory chris). All words are owned by the writer and may not be > desciminated, copied or quoted for any reason without the author's > permission. This is the " rule " we all went by but I would check to > see what the actualities and/or laws are concerning this. This reflects the etiquette of many well-managed lists. Something becomes copyrighted when it is " fixed in a medium. " When you author a piece that is published digitally, the copyright is implicit with the publication. There is however a difference in the ability to claim infringement when you do not also publish an accompanying copyright notice and register the copyright with the copyright office. For example, while you can register your copyright just before you start an infringement action, you cannot claim attorney fees if more than three months have transpired, and you will need other evidence to show the date of publication. Copyrights for US writers are US copyrights and are honored by signers of the international copyright convention but in other countries the copyright would be unenforced. Keep in mind, however, that what you can sue for is " economic damage, " and in the case of a listservice posting where there is no economic intent, about the best you could practically (and expensively) do would be to have the infringement ceased. Also keep in mind that if you are posting from your employer's system (on the time and equipment of someone who pays you for doing something other than posting on a list service), who owns what you write will depend on the conditions of your employment. Since employers have been held liable for employee listservice publications, use of corporate email systems is typically covered in an employee agreement or manual. > I have always > assumed that my words are not quotable without my permission and assume > that others feel that way as well. Yes, maybe, no. Under the " fair use provision " of the copyright act you may quote passages of copyrighted expression as part of your own work provided that it is used to support or demonstrate a matter in your own work. You can not " fair use " whole articles, for example. I could not for example be held quilty of infringement for excerpting the text of your post to which I am responding. However, this too gets the " economic damage " test -- the use has to be sufficient to cause economic damage to the copyright owner. So, in the long run, the use of one's listservice postings is a matter of etiquette because the pursuit of an infringement is only rarely going to be worthwhile or practicable. Bob bob Paradigm Publications www.paradigm-pubs.com P.O. Box 1037 Robert L. Felt 202 Bendix Drive 505 758 7758 Taos, New Mexico 87571 --- [This E-mail scanned for viruses by Declude Virus] Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 18, 2004 Report Share Posted May 18, 2004 Group, I was also wondering about translated material. Maybe Bob could chime in... If I translate a journal article isn't that under copyright? Can I publish that on the web or the CHA? How does Bluepoppy deal with this issue? - , " " wrote: > , Steven Slater <dragonslive@i...> wrote: > > > If the majority of this material is taken from chinese texts anyway or > > basically a reproduction of accepted knowledge.........are there any > > intellectual property rights attached to such materials? > > the chinese have copyright laws. but I am pretty sure if information is included in 3 or > more independent sources, it is not plagiarized when adapted to a 4th. One can > summarize the information in their own words such as " ST 36 supplements qi " or " huang > qin clears heat " without asking permission or paying any royalties to anyone. this is public > domain data that canbe found in hundredss of texts worldwide. when you lift exact > quotations or verbatim symptom lists, that is still plagiarism, though. but this is easy > enough to avoid. > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 18, 2004 Report Share Posted May 18, 2004 Hi Jason, If the original material is still protected under copyright laws, then the copyright holder owns the reproduction rights, including and all translations. If you wanted to translate a Journal article, for example, you would need to obtain written permission from the copyright holder. This may be the publishing company or the original author, depending upon the terms of the original contract between the Journal publisher and the author. You may be able to work out a deal with the copyright holder if you can show how it will benefit him/her (or it, in the case of the company holding the copyright). This is a much more desirable alternative to paying licensing fees, but in the end, its up to the copyright holder. Hope that helps. Kindest Regards, Andrea Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 18, 2004 Report Share Posted May 18, 2004 Although legally this translated material issue may be the same I think there is a difference ethically. If you are not claiming to have written the article and make full disclosure and not profitting by the translation I would say go ahead. I think most Chinese writers would gladly trade a good English translation for the right to have it posted on the Web. If it ends up in a book that may be a different story. I'm sure Bob will clarify but I've assumed that that is why his many papers are reports about certain articles and not strict translations of them. doug , " " <@h...> wrote: > Group, > > I was also wondering about translated material. Maybe Bob could chime > in... If I translate a journal article isn't that under copyright? > Can I publish that on the web or the CHA? How does Bluepoppy deal with > this issue? > > - > > , " " > wrote: > > , Steven Slater > <dragonslive@i...> wrote: > > > > > If the majority of this material is taken from chinese texts > anyway or > > > basically a reproduction of accepted knowledge.........are there any > > > intellectual property rights attached to such materials? > > > > the chinese have copyright laws. but I am pretty sure if > information is included in 3 or > > more independent sources, it is not plagiarized when adapted to a > 4th. One can > > summarize the information in their own words such as " ST 36 > supplements qi " or " huang > > qin clears heat " without asking permission or paying any royalties > to anyone. this is public > > domain data that canbe found in hundredss of texts worldwide. when > you lift exact > > quotations or verbatim symptom lists, that is still plagiarism, > though. but this is easy > > enough to avoid. > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 19, 2004 Report Share Posted May 19, 2004 Doug, Exactly right. Bob I'm sure Bob > will clarify but I've assumed that that is why his many papers are reports about certain > articles and not strict translations of them. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2005 Report Share Posted May 10, 2005 I think one is allowed to copy and distribute a certain percentage of published materials if it is for educational purposes. (in the U.S. anyway) --roseanne Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 11, 2005 Report Share Posted May 11, 2005 Hi Roseanne, Someone wanted to take this issue off line, however, since there is interest on the topic I will continue. I think you are quite right, however, where the legal line is drawn for 'fair use' I am not certain. It did pertain to the use of small amounts of an authors work; to work currently out of print, for scholarly pursuits etc. Ethically to not make payment for the information maybe akin to theft. People make their livelihood out publishing information that is their product, and I think we should honour and support their work. By all means share within the realms of 'fair use' and for 'scholarly purposes', however purchasing a paper and uploading it to a file section of a discussion group may not be appropriate. Emailing it to another for the purpose of discussion may be appropriate. By appropriate there maybe the legal line and the moral line. In any event, if we can afford to financially support the intellectual work of an author by purchasing the information, why not do so. Best wishes, Chinese Medicine Chinese MedicineOn Behalf Of ra6151 Wednesday, 11 May 2005 10:22 AM Chinese Medicine Re: copyright I think one is allowed to copy and distribute a certain percentage of published materials if it is for educational purposes. (in the U.S. anyway) --roseanne -- Version: 7.0.308 / Virus Database: 266.11.8 - Release 10/05/2005 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 11, 2005 Report Share Posted May 11, 2005 Hi Sharon, I agree with you that authors which rely on their work as a source of income should have their work protected, of course. However, in this instance the work was published in a journal. You don't get anything for publishing a paper in a journal. The whole point of an author publishing a piece of work is to have it read by as many people as possible. I personally don't have any problem with people distributing my articles so long as their not plagiarised. It's the publishing houses and journals that distribute other people's ideas and make money out of it which reply on the use of copyright. So in this instance, I don't share your sentiments at all. Kind regards Attilio D'Alberto Doctor of (Beijing, China) BSc (Hons) TCM MATCM 07786198900 attiliodalberto <http://www.attiliodalberto.com/> www.attiliodalberto.com Chinese Medicine Chinese Medicine On Behalf Of Sharon 11 May 2005 04:55 Chinese Medicine RE: copyright Hi Roseanne, Someone wanted to take this issue off line, however, since there is interest on the topic I will continue. I think you are quite right, however, where the legal line is drawn for 'fair use' I am not certain. It did pertain to the use of small amounts of an authors work; to work currently out of print, for scholarly pursuits etc. Ethically to not make payment for the information maybe akin to theft. People make their livelihood out publishing information that is their product, and I think we should honour and support their work. By all means share within the realms of 'fair use' and for 'scholarly purposes', however purchasing a paper and uploading it to a file section of a discussion group may not be appropriate. Emailing it to another for the purpose of discussion may be appropriate. By appropriate there maybe the legal line and the moral line. In any event, if we can afford to financially support the intellectual work of an author by purchasing the information, why not do so. Best wishes, Chinese Medicine Chinese MedicineOn Behalf Of ra6151 Wednesday, 11 May 2005 10:22 AM Chinese Medicine Re: copyright I think one is allowed to copy and distribute a certain percentage of published materials if it is for educational purposes. (in the U.S. anyway) --roseanne -- Version: 7.0.308 / Virus Database: 266.11.8 - Release 10/05/2005 Quote Link to comment Share on other sites More sharing options...
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