Greg said: "Fair Use" does not mean plagiarizing. TRUE, but nobody's plagiarized - and I hope you're not accusing me of this. Such an unfounded accusation would raise the temperature in this otherwise civil discussion. I understand the legal concept of '* transformativeness*'. Using someone else's translation of a text is plagiarism when you pass of their work as you own uncredited. As already indicated, I have and will credit the appropriate translators.
~A On Wed, Nov 7, 2012 at 7:00 PM, Greg Hellings <greg.helli...@gmail.com>wrote: > "Fair Use" does not mean plagiarizing. Bibles are able to be quoted from, > even extensively, to constitute "Fair Use" but you can't copy a Bible out > of print or another electronic form, even if you do it by hand, and claim > to be using it under "Fair Use" because it's a translation of an ancient > work and often used for scholarship. That still constitutes plagiarism. > > There's a difference between "cit[ing] other authors work" and reproducing > that work in its entirety. Reproduction and distribution is not "Fair Use". > Providing quotations and commentary would be, but wholesale reproduction > without permission is not. > > The Dead Sea Scrolls are not Copyrightable. But any translation of them is > in at least the United States and many other countries as well. You > distributing them without permission is a violation of that Copyright. > Take, as an example, the NIV's notice: > "The NIV text may be quoted in any form (written, visual, electronic or > audio), up to and inclusive of five hundred (500) verses without express > written permission of the publisher, providing the verses do not amount to > a complete book of the Bible nor do the verses quoted account for > twenty-five percent (25%) or more of the total text of the work in which > they are quoted." > Other Bibles offer identical or similar admonishments. Any translation of > the Dead Sea Scrolls are under whatever Copyright their author and/or > publishers may have placed them. And as much as you want to cry "Fair Use" > you are beholden to the laws of the land in which you dwell to honor any > such Copyright. In order to share your work with the CrossWire community > the community requests that you provide proof that the works are either (1) > placed in the public domain, (2) Are able to be reproduced and distributed > freely, or (3) you have been granted some form of right by the Copyright > holders to distribute them. Claiming, "But it's Fair Use because I want it > to be or because _I_ plan to use it academically" does not meet this > community's standards of adhering to Copyright. So please, point us to the > disclaimer on the original sources, or to the specific laws/rulings that > allow this into the Public Domain or provide us evidence that you have > secured distribution rights. If you can't do those things, then the > CrossWire community doesn't want to play host or distributor to either > those texts or your announcement of their availability. > > --Greg > > > On Wed, Nov 7, 2012 at 3:35 PM, Andrew Thule <thules...@gmail.com> wrote: > >> Peter, I assume you understand the difference between intellectual >> property and copyright. I also assume you understand the 'derivative work' >> principles of 'fair use' and 'transformativeness'. >> >> Within science and academia, authors may cite other authors work without >> permission as long as they provide credit (hence the whole business of >> citations) else science and common bodies of knowledge would not progress >> for the sake of humanity. This is also why copyrighting 'science' or >> 'academic results' is generally frowned upon. >> >> The Dead Sea scrolls are not themselves copyrightable. Their >> translations, being the product of largly publically funded academic work, >> falls under the category of intellectual property. As long as I cite who >> did the original translation and transform the work significantly from its >> originally published form (which I've done) I'm well within 'fair use' >> however much you protest. Moreover, when 'fair use' is for academic or >> scientific purposes, rather than commercial purposes, the court err on the >> side of free and open. >> >> Besides, you're not being any kind of spoil sport since you're entitled >> to your opinion and I'm really nor seeking your permission to do anything. >> My offer is open to the community. >> >> With the greatest respect. >> ~A >> >> >> On Wednesday, November 7, 2012, Peter von Kaehne wrote: >> >>> On 07/11/12 15:52, Andrew Thule wrote: >>> >>>> It is a derivative work from academic translations, but for now treat as >>>> copyrighted, until I resolve the license issue. With the exception of >>>> Elisha Qimron's translations (by the Israeli Supreme Court no less), all >>>> other DSS translations are treated as academic or scientific knowledge, >>>> and so free for use, subject to citation. >>>> >>> >>> I hate being a spoilsport (and I think I get form in that...), but I do >>> not think this will cut it. What is "academic" in these circumstances? >>> Unless the country the translations have been made somehow PDs all produce >>> by publicly funded universities (unlikely, TBH) then these texts will be >>> subject to the ordinary rules as usual - no publication unless permissions >>> are obtained. >>> >>> Now, I think it would be great to gain permission, and academic sources >>> are often very kind + generous with these, but please be careful not to >>> assume. >>> >>> Peter >>> >>> >>> >>> >>> ______________________________**_________________ >>> sword-devel mailing list: sword-devel@crosswire.org >>> http://www.crosswire.org/**mailman/listinfo/sword-devel<http://www.crosswire.org/mailman/listinfo/sword-devel> >>> Instructions to unsubscribe/change your settings at above page >>> >> >> _______________________________________________ >> sword-devel mailing list: sword-devel@crosswire.org >> http://www.crosswire.org/mailman/listinfo/sword-devel >> Instructions to unsubscribe/change your settings at above page >> > > > _______________________________________________ > sword-devel mailing list: sword-devel@crosswire.org > http://www.crosswire.org/mailman/listinfo/sword-devel > Instructions to unsubscribe/change your settings at above page >
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