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Thread: A question for Wise

  1. #1

    Question A question for Wise

    I have noticed that it is requested that we not post any information in it's entirety we find and wish to quote. I am thinking if we use the Copyright Act (title 17, U. S. Code)Fair Use when we quote would be allowed. I am not sure if it would infringe on the copyright law but would sure like to know more about this. The reason I ask this is due to something that happened to me in the process of getting some information on Hep C for my site. I asked for permission from the other website and even though it was not their own personal info, they didn't like it much. They sent me an e-mail and told me if I did that, I would be infringing copyright law and could be sued. I replied to them and told them that my site was non-profit and my use of the information was to inform others of what I had found on the said subject.

    I never heard from them again after that but I just wonder how much more we can quote here or any other place like my site without any problems.

    Would like to have this cleared a bit more since I have also noticed the websites I find some information are using copyrighted information from journals or other sites or places like Associated Press.

    Can you help me with this? Would appreciate it so much.

    Raven

    PS: Didn't know where to post this, if it is in wrong forum, please move. Thank you.

  2. #2
    Quote Originally Posted by Raven View Post
    I have noticed that it is requested that we not post any information in it's entirety we find and wish to quote. I am thinking if we use the Copyright Act (title 17, U. S. Code)Fair Use when we quote would be allowed. I am not sure if it would infringe on the copyright law but would sure like to know more about this. The reason I ask this is due to something that happened to me in the process of getting some information on Hep C for my site. I asked for permission from the other website and even though it was not their own personal info, they didn't like it much. They sent me an e-mail and told me if I did that, I would be infringing copyright law and could be sued. I replied to them and told them that my site was non-profit and my use of the information was to inform others of what I had found on the said subject.

    I never heard from them again after that but I just wonder how much more we can quote here or any other place like my site without any problems.

    Would like to have this cleared a bit more since I have also noticed the websites I find some information are using copyrighted information from journals or other sites or places like Associated Press.

    Can you help me with this? Would appreciate it so much.

    Raven

    PS: Didn't know where to post this, if it is in wrong forum, please move. Thank you.
    Raven,

    I have posted in detail about this, including the wording of the "fair use" copyright act [source]http://sci.rutgers.edu/forum/showpost.php?p=440983&postcount=4[source]. The "fair-use" law applies to educational institutions. Fair use indicates that you can reproduce "excerpts" of the material but not the material in its entirety. It also stipulates that you have to indicate the origin of the material and the authorship, including copyright if any.

    The problem is that everybody is copying everybody else ad there is so much infringement that people think that it is okay to copy other people's stuff in its entirety and without attribution. Now, I want to point out some exceptions to the excerpt rule.
    1. Most governmental sources of information that is published publicly without stated restrictions on use can be reproduced without fear of lawsuits. Now, you do still have to indicate authorship and source. But the goverment is very unlikely to sue you for use of public information.
    2. Material are are clearly for public consumption, such as a press release from an organization and distributed without restriction, can also be reproduced without fear of lawsuits. You have to pay attention whenever there is a statement saying that the material should be not duplicated without permission.
    3. Material that was published before 1923 can be regarded as public domain. On the other hand, you have to be careful still because there may be some restrictions depending on source. For example, Google is now copying many old books.


    I also think that you should be careful about copying from certain sources, regardless of status or type of information. Organizations that make money from the material that they publish on internet are more likely to sue you than organizations that don't. So, even if you are covered under the fair use doctrine, they may still have their lawyers send you threatening letters because they perceive that you are stealing traffic from them.

    Also, when you make excepts of materials, you should have some commentary and it would make it easier to argue that it is for an educational purpose. To avoid trouble, I suggest that you do excerpts, attribute the authorship and link the source, and add commentary. When you do so, the likelihood of a lawsuit is low.

    Wise.
    Last edited by Wise Young; 11-18-2008 at 05:04 AM.

  3. #3
    Thank you Wise for your reply.

    I am using the following words in my Hep C homepage as a means of clarifying that I am not the author of the information obtained;

    "FAIR USE NOTICE:


    This website may contain copyrighted material whose use has not
    been specifically authorized by the copyright owner. These pages
    are operated under the assumption that this non-profit use on the
    web constitutes a "fair use" of the copyrighted material as provided
    for in Section 107 of the U. S. Copyright Laws".

    I don't know if that is sufficient to avoid any problems. However in the Information Index page I put the following:

    "Information contained here is intended solely for general educational purposes and is not intended nor implied to be a substitute for professional medical advice relative to your specific medical condition or question. Always seek the advice of your physician or other health provider for any questions you may have regarding your medical condition. Only your physician can provide specific diagnoses and therapies."

    Don't know if I should again use the Fair Use Notice above too or if I should use it on the pages I put as information from other places I researched.

    Would appreciate any advice/help from anyone her also.

    Raven

  4. #4
    Quote Originally Posted by Raven View Post
    Thank you Wise for your reply.

    I am using the following words in my Hep C homepage as a means of clarifying that I am not the author of the information obtained;

    "FAIR USE NOTICE:


    This website may contain copyrighted material whose use has not
    been specifically authorized by the copyright owner. These pages
    are operated under the assumption that this non-profit use on the
    web constitutes a "fair use" of the copyrighted material as provided
    for in Section 107 of the U. S. Copyright Laws".

    I don't know if that is sufficient to avoid any problems. However in the Information Index page I put the following:

    "Information contained here is intended solely for general educational purposes and is not intended nor implied to be a substitute for professional medical advice relative to your specific medical condition or question. Always seek the advice of your physician or other health provider for any questions you may have regarding your medical condition. Only your physician can provide specific diagnoses and therapies."

    Don't know if I should again use the Fair Use Notice above too or if I should use it on the pages I put as information from other places I researched.

    Would appreciate any advice/help from anyone her also.

    Raven
    I urge caution. Just the threatening response from that web site already tells you that they are litigation prone. Use only excerpts. Comment on the excerpts. Link them frequently. They are unlikely to sue you because you don't have much money but they may try to shut down your web site.

    Wise.

  5. #5
    Thank you so much from the bottom of my heart Wise. I really appreciate your advice. As always, you are there to help us in whatever we need you.

    I will be working on making some changes to my site since I certainly don't want it to be shut down. That would defeat my purpose since I think the subject needs to also be addressed and more research done on it. Hope I can make a difference with it.

    Will be learning more about software that will make it easier for it to be more updated and with some sort of input from others if possible. Nick has something else to teach me now. Who says old dogs can't learn new tricks?

    Raven

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