|"FAIR USE" AND DEVELOPING INTERNET COPYRIGHT REGULATIONS
Copyright at times is an issue in different ways in connection with anthroposophy and the publication of works by Steiner (books and web pages) and by others, and between different anthroposophical, Waldorf education, and non-anthroposophical and non-Waldorf education mailing lists and web pages.
The internet tends to dissolve borders in more than one way, the dissolving of the borders of copyright being one of them.
A page at the site of the Task Force on Intellectual Property at the University of North Carolina more in full mentions literary works, musical works, including any accompanying words, dramatic works, including any accompanying music, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, architectural works as protected by copyright.
It also tells that it not is necessary to register a work in the Copyright Office to get a copyright. A copyright is automatic as soon as the work is created and when it is put into a fixed form. It also tells that works no longer have to be published to be copyrighted and that United States law does not require the use of copyright notice for copyright to apply. The no notification law became effective on March 1, 1989. This holds automatically for works created 1-1-78 or later.)
The following is an effort to analyze present U.S. copyright legislation and presently developing regulations of copyright on the Internet, in relation to the full republishing of numerous articles from Newspapers and Journals, the republishing of postings from other mailing lists and web pages than ones own, and personal mails, as practiced by the Secretary of PLANS and main owner and administrator of the WC-list and the Webmaster up to last year of the site of PLANS.
The analysis below indicates that the Secretary of PLANS continuously and repeatedly violates copyright legislation and rules and supports the violation of copyright in
The Section on this point states:
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 includeDoes this 'fair use' clause allow for the Secretary of PLANS to appeal to it in PLANS' publishing and republishing of a number of copyrighted works (texts and pictures) at its public site via among other the WC-archives, by appealing to an alleged status of PLANS as 'educational institution' and doing it for the purpose of 'education' and 'criticism'?
PUBLISHING OF COPYRIGHTED AND OTHER MATERIAL BY EDUCATIONAL
INSTITUTIONS ON THE INTERNET
The Office of General Council at the University of Texas describes four Rules of the Thumb for "Fair Use" of copyrighted material by the educational institutions at the university:
- only if a faculty member or the institution possesses a legal copy of the work.
- any copyright notice on the original
- appropriate citations and attributions to the source
- a Section 108(f)(1) notice.
- limiting the use to "small parts" of the copyrighted material in questionThe policy of Texas University, summarized in the three keys, is in harmony with the view of the U.S. Copyright Office, in recommendations issued to the Congress in 1999 on the use of copyrighted materials in classes taught over computer networks, telling that educational institutions will have to take steps, using technology like password-protection mechanisms, to allow only students authorized to view the material to get access to it.
PLANS VIOLATES "FAIR USE" LEGISLATION AND ITS APPLICATION
FOR EDUCATIONAL PURPOSES
This holds for all of the copyrighted material it publishes without the expressed permission of of the holders of the copyright to the material it publishes. It includes a number of articles and pictures from different newspapers, journals, books and web pages, at least one of which in turn constitutes one big violation of copyright in its republication of a number of copyrighted articles from different sources. It concerns both the copyrighted material for which PLANS has not expressly received permission to republish it directly and primarily at the site, or in a first step via and in postings to the WC-list, to then in a second step republish it as Archives of the WC-list at the site of PLANS.
The violation also holds for the repeated publication
through the years of private correspondence from different people to the
Secretary of PLANS on the WC-list with comments on them, to then re-publish
the correspondence once more at the site of PLANS as "Archives".
COPYING BETWEEN MAILING LISTS
While pointing to the lack of by all agreed rules for republishing between Newsgroups (and implicitly mailing lists) the Copyright Website mentions an evolving theory of implied license regarding copyright on the internet.
The proposed implied license theory, states that if you post to a newsgroup, you thereby implicitly grant permission to other people to copy it from one message area to another message area on the same system, and from one forum to other similar forums on the same conferencing system.
But it also points to the criteria for deciding the limits of the proposed implied permission, being
The Secretary of PLANS has to appeal and pray to other authorities than Copyright legislation and internet regulations for absolution from his repeated and continuous internet sins.
Copyright: Sune Nordwall
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