Hi all,
I am looking for some information on a copyright infringement issue. My woodturning club produces a monthly newsletter for the membership. This newsletter is for members only and is not sold, but is posted to our website so non-club members do have the ability to read it.
That being said, some months ago an article written by someone not associated with our club was reprinted in our newsletter. No permission was asked for or given, although all credit was given to the author for the article. Now the author is demanding that this particular newsletter be removed from the website, citing infringement of his copyright.
I agree that someone should have taken the time to ask this author if it was okay with him to put his work in the newsletter and we will remove it per his request, but did we do something legally wrong here? I was under the impression that as long as credit for the work was given it was okay.
All thoughts and opinions are welcome.
Frank
Replies
Yes, you violated his copyright. Giving credit doesn't change that. He need not have registered anything. The internet isn't different than the printing press. Remove it, apologize profusely.
Not a lawyer, but I believe you can use quotes while providing credit but it is illegal to use an entire work without permission. If that work is on line you can provide a link.
There is not a worse place to seek legal advice (which is exactly what you're asking for) than the web.
If you go to a bar, pick a drunk's head up off the table, and ask him, at least you know that you're asking someone who is old enough to be in a bar.
It appears that you've already made one mistake, then a second by not immediately behaving like a gentleman when asked to desist.
This, third mistake, however, makes the other two pale in comparison.
Just curious why you feel I am not acting as a gentleman? I stated that the article was going to removed. I am not asking for legal advice and not looking for a way around what has already happened. Also incase you care I am not the one that made this mistake. I do not write the newsletter or edit the newsletter.
I was just trying to understand if giving credit to someone for there work was enough or not. From the other's responses that have been posted I believe the misunderstanding is the difference between using an excerpt as to an entire article.
actually the advice given thus far has been pretty accurate:1) yes, a copyright was infringed. Copyright is inherent in published works, it's not a process of registration. Copyright, unlike trademarks, are not a "use it or lose it proposition", everything an individual writes is the property of the author and cannot be appropriated by a third party without permission.
2) excerpts may be reprinted according to the doctrine of "fair use". More info here:
http://www.copyright.gov/fls/fl102.html
3) the remedy in this case is simply to take down the offending articleThis isn't complicated stuff.
Well my understanding is that reprinting in its entirety if that's what your club did is a violation wrong even if unintential. You can reference some unique information and give credit and probably be ok, but publish online for all to have access to without permission is a no-no. Just say oops and take it off(great thats all the guy requested). Send the guy a I'm sorry meant no harm letter and let it go.
...Advice is a form of nostalgia. Dispensing it is a way of fishing the past from the disposal, wiping it off , painting over the ugly parts, and recycling it for more than it’s worth – lyrics from the song wear sunscreen
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