This argument would claim that we could reproduce *any* copyrighted work
because someone *might* have a fair use claim to it. That's just silly.
Your argument has nothing to do with the academic *source* of the
material, just the intended use. But you have no idea how some random
person downloading your module might use it.
In the act of passing on modules to individuals, we take upon ourselves
a certain level of responsibility that they have the right to use it
legally. Since we don't interrogate people to see if they have fair use
rights, there is no possible way that we could publish copyrighted
material without consent from the copyright owner. It's that simple.
Brian
On 11/08/2012 11:26 AM, Andrew Thule wrote:
Matěj I have no intention.. here's why:
The US definition of '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, isNOT 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;
Here's the Canadian definition of 'Fair Dealing'
http://laws-lois.justice.gc.ca/eng/acts/C-42/index.html
*29.* Fair dealing for the purpose of research or private study does
not infringe copyright.
*29.1* Fair dealing for the purpose of criticism or review does not
infringe copyright if the following are mentioned:
*
(/a/) the source; and
*
(/b/) if given in the source, the name of the
o
(i) author, in the case of a work,
In both cases it's clear this isn't a case where permission is needed.
Moreover, with respect to 'Intellectual Property' both supreme courts
in N. America (Canada and US) uphold the so-called 'scholars'
convention' where once a text is published this implies consent on
behalf of the author to allow further use of the text, and thus
permission does not need to be obtained to use the text further, nor
is there need to engage copyright.
When Geza Vermes wrote "The Complete Dead Sea Scrolls in English" as a
book (which was a commercial venture) he certainly didn't approach
each scroll translator (some of whom were already dead) and obtain
consent, and the translations that weren't his constituted the bulk of
the book.
The expectation that I need to individually approach each separate
translators (separately) and obtain consent is unwarranted and
unrealistic and not necessary according to the body of Copyright law
I'm familiar with. If it's not this way in Europe, I can only express
my gratitude I don't live in Europe.
~A
On Thu, Nov 8, 2012 at 1:14 AM, Matěj Cepl <mc...@redhat.com
<mailto:mc...@redhat.com>> wrote:
On Wed, 2012-11-07 at 22:56 -0500, Andrew Thule wrote:
> Clearly I have no commercial interest in offering this module to
the list
> for QA. Clearly the translators who have offered their work to
DJD did so
> in an academic / research framework (making them available to
the broader
> audience), and their translations are often reused and cited
outside of
> DJD. I am not passing off their work untransformed or as my own.
Then you shall certainly has no problem to get their express consent
with the publication of their work, right?
Blessings,
Matěj
--
http://www.ceplovi.cz/matej/, Jabber: mcepl<at>ceplovi.cz
<http://ceplovi.cz>
GPG Finger: 89EF 4BC6 288A BF43 1BAB 25C3 E09F EF25 D964 84AC
See, when the GOVERNMENT spends money, it creates jobs; whereas
when the money is left in the hands of TAXPAYERS, God only knows
what they do with it. Bake it into pies, probably. Anything to
avoid creating jobs.
-- Dave Barry
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