Quoting and Uploading Copyrighted Material

Quoting and Uploading Copyrighted Material

PostBy: Richard S. On: Thu Feb 07, 2008 12:44 pm

  • Explanation of what is Copyrighted
    Quoting copyrighted articles in there entirety is a violation or uploading files like video or images you do not have the rights to is a violation of copyright law, nearly everything you read or see that has been created by someone else is copyrighted. The law for something to be copyrighted simply states as soon as you create an original work it's automatically copyrighted and this copyright goes well beyond a century. For example this post is copyrighted by me the author as it's an original document. To copy an entire original work you need the permission of the owner. This includes but not limited too manuals, text, books, video images and other original works.

  • Fair Use
    There are some exceptions and provisions in copyright law that allow you to use snippets of an article legally, this is referred to as fair use.

    http://www.copyright.gov/title17/92chap1.html#107
    § 107. Limitations on exclusive rights: Fair use

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2) the nature of the copyrighted work;

    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4) the effect of the use upon the potential market for or value of the copyrighted work.

    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.



  • Example of acceptable Fair Use
    This is an interpretable law but in general it allows you to use small portions of text from copyrighted material if for example you wanted to post it here. If you're going to do this only use a few sentences, quote the text and provide a link to the whole article.

    In this example I'll be using a page from my own site but lets pretend its from somewhere else. If for example our discussion was regarding capturing VHS video and the effects of false macrovision protection we may want to quote this:


    This would be acceptable:
    http://www.nepadigital.com/mv/
    What is Macrovision Protection

    Macrovision was first used on VHS tapes in 1984 to copy protect video on VHS tapes, it is simply a video error inserted into the video stream of most commercial VHS tapes. This does not affect how it looks when viewing it on a TV, TV's are very forgiving of this error. Note that there are some exceptions, this did affect some older TV's when first introduced. What it will affect is attempts to copy a commercial VHS tape from one VCR to another. This manifests as video that jumps frames, video flashing from bright to dark such as the strobing affect I described above. Some of these symptoms very closely resemble a tracking problem. They can however vary widely especially with capture devices, some may simply put up screen stating the video is copyright protected.



    My choice of article is ironic isn't it? 8-) I've only quoted a relatively small part of the entire article. If for example you were quoting a news article you'd want to follow the same format. Quote the first paragraph or relevant text elsewhere in the article and provide a link to full article.

  • Exceptions
    Nearly all text, documents and images available from government websites are not copyrighted and in the public domain. These can be freely quoted, uploaded or used how you wish. Note that in some special cases especially where images are concerned they may be copyrighted by a third party so be sure to check.

    Additionally some websites may grant permission to use their material in which case you may post it here.

    In both cases still follow the guidelines using a quote box and provide a link to the document.
Richard S.
 
Stoker Coal Boiler: Van Wert VA1200
Coal Size/Type: Buckwheat/Anthracite

Re: Quoting Copyrighted Articles and Text

PostBy: WNY On: Sat Feb 09, 2008 8:18 am

We run into this all the time, I work in our Standards/Specs / ISO department, people wanting copies of Different National Codes, Specifications, etc. We have an agreement with a company on line, but you can only use it for 30 days and have to destroy it after that, you can always re-download it. It's all printed with the date, your username, company, etc...You cannot copy it or distribute it either. This stuff is pretty serious... Our group of 5 people maintain over 14,000 documents for our company....keep us busy. :)
WNY
 
Hot Air Coal Stoker Stove: Keystoker 90K, Leisure Line Hyfire I
Coal Size/Type: Rice
Stove/Furnace Make: Keystoker, LL & CoalTrol
Stove/Furnace Model: 90K, Hyfire I, VF3000 Soon

Re: Quoting Copyrighted Articles and Text

PostBy: Richard S. On: Mon Mar 03, 2008 2:02 am

traderfjp wrote:I know Riachrd is concerned with copyrighted material but this comes from a government agency (MSHA) which is owned by the people of this country. Enjoy.


This was posted by traderfjp in another post so I'll address it here.

Nearly any document, image, video or text generated by the government is in the public domain so you can freely copy them. However there are a few exceptions where a third party has interest as well and copyright comes into play. Off the top of my head some of the images from the Hubble telescope I know are copyrighted and/or have restrictions in their use.

If it's a government website and and some of the content has restrictions you should find a copyright notice on it.

-------------------------------------------

While on the topic of notices it should be noted just because an image, video or text does not have a copyright notice on it doesn't mean it is not copyrighted. Actually everything produced by an individual that is original is copyrighted automatically.
Richard S.
 
Stoker Coal Boiler: Van Wert VA1200
Coal Size/Type: Buckwheat/Anthracite


Re: Quoting Copyrighted Articles and Text

PostBy: Yanche On: Mon Mar 03, 2008 11:41 am

Suppose I take a high resolution picture of a person reading a one page copyrighted article. I get the the persons permission to publish it. Now I post it on the net. Let's assume the resolution of the photo is sufficient to read the article. Is there a copyright violation?
Yanche
 
Stoker Coal Boiler: Alternate Heating Systems S-130
Coal Size/Type: Anthracite Pea

Re: Quoting Copyrighted Articles and Text

PostBy: Richard S. On: Mon Mar 03, 2008 11:57 am

Good question and I really don't know for sure, if you took an image that was good enough to read the text there is good chance you were purposely trying to copy the text .. yes/no?

Having said that it might fall under what is an incidental clause, I don't have the specific section to point too but this has come up in the video forum that I frequent. From my understanding if for example you're taping something and there is a radio playing a copyrighted song in the background you're not breaking copyright. I'd imagine anyhting like this is taken on case by case basis and there is not exact line drawn. It would be up to a judge or jury if a suit was filed against you.

I'm not lawyer but that's my understanding.
Richard S.
 
Stoker Coal Boiler: Van Wert VA1200
Coal Size/Type: Buckwheat/Anthracite

Re: Quoting Copyrighted Articles and Text

PostBy: Richard S. On: Wed May 13, 2009 3:13 pm

Copied to here from the Feedback forum. Just a reminder to respect the copyright of others. You cannot post text from other sites here in there entirety. Uploading images and files you don not own or have permission to upload is out of the question. If you're unsure send me a PM and I'll let you know.

Anything in violation of copyright is going to be removed. Note that when you embed videos from youtube I have no control over the content or the file itself so I have to assume that youtube has permission to have they file. Anything embedded from their is fine.
Richard S.
 
Stoker Coal Boiler: Van Wert VA1200
Coal Size/Type: Buckwheat/Anthracite

Re: Quoting and Uploading Copyrighted Material

PostBy: traderfjp On: Sat Nov 05, 2011 4:17 pm

There are bottom feeding lawyers who troll forums looking for copy right infringement. It could be a mom posting information about diabetes to be helpful. The lawyers send these lawsuits in pursuit of cash. Not surprising many people pony up several thousand to make the lawsuit go away. I personally think each case should be looked at individually but the lawyers don't care they just want money. I invented an item and have it ready to go but am very paranoid about liability issues so I need to get product liability insurance. Then I still have to worry about patent infringement. Big companies will slap a law suit at you just because they can. All this litigation helps to stifle innovation. Too bad......
traderfjp
 
Stove/Furnace Make: Alaska
Stove/Furnace Model: Channing 3

Re: Quoting and Uploading Copyrighted Material

PostBy: SteveZee On: Fri Nov 25, 2011 11:24 am

traderfjp wrote:There are bottom feeding lawyers who troll forums looking for copy right infringement. It could be a mom posting information about diabetes to be helpful. The lawyers send these lawsuits in pursuit of cash. Not surprising many people pony up several thousand to make the lawsuit go away. I personally think each case should be looked at individually but the lawyers don't care they just want money. I invented an item and have it ready to go but am very paranoid about liability issues so I need to get product liability insurance. Then I still have to worry about patent infringement. Big companies will slap a law suit at you just because they can. All this litigation helps to stifle innovation. Too bad......


There in lies the problem. Great idea's get suffocated by large behemoths who don't care about anything but their concerns.
SteveZee
 
Hand Fed Coal Stove: Glenwood Modern Oak 116 & Glenwood 208 C Range

Re: Quoting and Uploading Copyrighted Material

PostBy: Dann757 On: Fri Nov 25, 2011 11:35 am

Richard S. wrote:Having said that it might fall under what is an incidental clause,


Dann757
 

Re: Quoting and Uploading Copyrighted Material

PostBy: ValterBorges On: Fri Nov 25, 2011 1:10 pm

I understand, however this is in direct conflict with the principles of that founded the internet, freedom of information. The idea that you can contain information once publicly released is flawed.

If you want to secure your info use DMR, or even better don't publish it. Up to content owners to police, and prove original which is very hard since they are likely using someone else's ideas and so forth dating centuries back.

Information sharing drives innovation, new ideas.

Entertainment content should be distinguished from scientific and human knowledge.
ValterBorges
 
Stove/Furnace Make: AHS
Stove/Furnace Model: S260

Re: Quoting and Uploading Copyrighted Material

PostBy: Richard S. On: Fri Nov 25, 2011 2:05 pm

ValterBorges wrote:Information sharing drives innovation, new ideas.


Without copyright that allows an author to maintain control and reap the monetary rewards there is no drive to create or publish it in the first place. Copyright and patent law is an absolute necessity in a capitalistic society.
Richard S.
 
Stoker Coal Boiler: Van Wert VA1200
Coal Size/Type: Buckwheat/Anthracite

Re: Quoting and Uploading Copyrighted Material

PostBy: Dann757 On: Fri Nov 25, 2011 6:32 pm

Edited: :)
Last edited by Dann757 on Fri Nov 25, 2011 11:17 pm, edited 1 time in total.
Dann757
 

Re: Quoting and Uploading Copyrighted Material

PostBy: ValterBorges On: Fri Nov 25, 2011 8:13 pm

Without copyright that allows an author to maintain control and reap the monetary rewards there is no drive to create or publish it in the first place. Copyright and patent law is an absolute necessity in a capitalistic society.


If this was absolute we'd still be listening to sony walkmans, there would be no mp3s and using baud modems to connect to bbs's. The more we try to hold back knowledge the further behind well get, patents have not been very efficient at keeping chinese from reproducing complex aircraft.
ValterBorges
 
Stove/Furnace Make: AHS
Stove/Furnace Model: S260

Re: Quoting and Uploading Copyrighted Material

PostBy: Richard S. On: Sat Nov 26, 2011 2:32 am

ValterBorges wrote:The more we try to hold back knowledge the further behind well get,


You think? You're posting on a phpBB forum that uses PHP scripting and a MySQL database, both running on Apache server software and a Linux based OS. That's 5 open source projects essential to this forum, all of it is copyrighted but open source. The GPL copyright and other copyrights used by these various projects insures that it will remain in the public domain, strange as it is open source could not survive without copyright. ;)
Richard S.
 
Stoker Coal Boiler: Van Wert VA1200
Coal Size/Type: Buckwheat/Anthracite

Re: Quoting and Uploading Copyrighted Material

PostBy: CoalUserWannabe On: Wed Jan 25, 2012 8:50 am

well well well, I can simply have a beer, and post while under the influence
Knock your self out with all that balony !
CoalUserWannabe
 
Stove/Furnace Make: Alaska
Stove/Furnace Model: Kodiak