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  1. #1
    ABW Ambassador Georgie Peri's Avatar
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    Exclamation Copyrights - Loophole / DMCA ??
    Greetings all,

    I have been following a thread on another board about a company that is buying newpaper copyrights and is outright sueing any blog / websites that has the content from that newspaper on there site(s).


    One would think if someone had a issue with copyright content they would give you warning / ask you to take it down and then if they dont comply you can sue them ...


    But it turns out .. if you do no have each website register their contact information with the United States Copyright office.. they can sue you off the bat with out any notice / DMCA ...

    -----

    I was wondering if anyone here has registered there website(s) with the US Copyright office?
    OpA! Giasou Ti kanies!

  2. #2
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    rule #1....Do unto others as you ............(you know the rest)

    rule #2...Never use someone else's material without written permission.
    You must climb this mountain. There is no elevator. ---- Don't stick your finger in the liquid nitrogen.
    Carolina China

  3. #3
    ABW Ambassador JoyUnltd's Avatar
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    Others do have the right to post small excerpts from copyrighted material: http://www.copyright.gov/fls/fl102.html, however it is not well defined.
    The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

    Acknowledging the source of the copyrighted material does not substitute for obtaining permission.



    The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.
    If you're making a blog post about a specific event, to have credibility, you will usually cite your source. No one generates ideas out of "nothing"—not even theoretical physicists.



    if you do no have each website register their contact information with the United States Copyright office.. they can sue you off the bat with out any notice / DMCA
    Georgie, would you please cite your source?
    Renée
    Pay no attention to that woman behind the curtain. -Wizardress of Oz

  4. #4
    ABW Ambassador Georgie Peri's Avatar
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    Quote Originally Posted by JoyUnltd View Post
    Georgie, would you please cite your source?
    Sure, here is a snip from the post!

    People around the internet have been perplexed at the actions of Righthaven who has been outright filing lawsuits against hundreds of blogs and forums...

    Most webmasters wish to obey copyright laws and the "norm" around the internet has been for people who have a copyright problem to first file a DMCA take down notice giving the webmaster time to remove the infringing material.

    Then if the webmaster refuses they can sue them.

    In fact we all thought that was a REQUIREMENT and were shocked that these guys are actually suing people with no prior notice at all..

    We've been wondering how they can get away with that legally and it turns out an obscure section of the DMCA concerning the "safe harbor" noticing proceeders requires that in order for a website to qualify for "safe harbor" and thus require a copyright complainant to first give the webmaster notice and time to take down the material before suing them, requires (amongst other things) that each website register their contact information with the United States Copyright office..
    Link to source: http://www.godlikeproductions.com/fo...age1146844/pg1

    ------
    OpA! Giasou Ti kanies!

  5. #5
    ABW Ambassador JoyUnltd's Avatar
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    This stinks on ice! Here's another article about Righthaven's trolling for $: http://www.techdirt.com/articles/201...52710320.shtml
    Wired is now running a profile of Righthaven, where the company's CEO (who was or is the general counsel for LVJR) is pretty upfront that this has nothing, whatsoever, to do with stopping infringement. It's entirely a way to squeeze money out of people.
    Renée
    Pay no attention to that woman behind the curtain. -Wizardress of Oz

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