OT: eHow Copyright Infringed Me

Page 4 of 4  

Mike,
I got my kid a 5-piece kit for x-mas (Tama). I might be hitting you up for tips later next week! :^)
Did you buy that 5-piece kit from Mike? ;~)
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 12/24/09 3:03 PM, GarageWoodworks wrote:

Nice! I'd love to help in any way I can.
I have drum tuning info on my site if you want to read up.
--

-MIKE-

"Playing is not something I do at night, it's my function in life"
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Ok. Thanks. The guy at the shop said they were pre-tuned, but I wouldn't know the difference ( I don't think anyway). I'll give your tuning page a read.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 12/24/09 6:00 PM, GarageWoodworks wrote:

I answered your email, but it bounced back. I sent it again... hopefully it got through. Let me know if you never get it.
--

-MIKE-

"Playing is not something I do at night, it's my function in life"
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

I can no longer count how many times as a Photo Researcher for a large publisher that I've run into photos being used without permissions. Unfortunately you will find this practice often on University sites. Students snag them and post them in articles used for assignments. The University doesn't seem to have a problem with displaying the article. Having been in the printing trades for many years and working with customers who have no clue about this stuff. And, then the anger when you tell them they will need a waiver from the author to use the material.
Keep after them otherwise they never learn. Although, it will be a tough fight for you and can be expensive if lawers are involved.
Roy
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

If they're used only for assignments, doesn't it fall under the "fair use" clause?

Patents are the same deal, and much worse.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

If it is copied into the work which is submitted to the teacher _only_, then yes, it clearly comes under the scholarly research fork of 'fair use'.
If it is 'published' to the world-at-large, the situation is _very_ different.

I used to make web searches for the (trademarked) name of a company I did sys admin work for, and would contact the parties using the name 'without license' (It was a _good_ name for a particular line of work and lots of people came up with it 'independently', *including* several Universities.) Most of the time, my phone call was enough -- especially with the Universities -- The 'unreasonable' ones were forwarded to the corporation counsel, who (most of the time) sent a cease-and-decease demand that was complied with. Occasionally, counsel decided that the other party was in a line of work that was 'enough different' from what the company did that it was arguably _not_ infringement, and ti was let slide. One party _did_ get *really* testy about it -- at least until they consulted _their_ legal counsel -- whereupon their tune changed, shall we say, radically. <grin>
The point remains, you've got to be prepared to take action to defend your rights, or the 'others' _will_ trample you.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

It's not just university students: http://emailsfromcrazypeople. com/2009/08/05/gets-no-respect-i-tell-ya-no-respect/
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Because it's "Fair Use" this there is no infringement.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
GarageWoodworks wrote:

Use of someone else's work in a student assignment is not automatically fair use. In fact it is often plagiarism and that is grounds for a failing grade and disciplinary action by the institution, over and above any legal remedies sought by the copyright holder.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Fri, 25 Dec 2009 15:54:41 -0500, "J. Clarke"

If the work is copied in total, it's plagiarism (the penalty for which is becoming VP). If it's excerpted or referenced, it generally comes under "fair use". Of course fair use still requires an attribution.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

The student may not need to pay a fee for use of the image. But it is still required for them to give credit for the image. But even publishers sometimes use photos that they have not gotten permission for. If they can show due diligence in trying to find the owner of the image the owner can't sue them but only collect the fair fees for use if noticed.
Roy
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

There is no guarantee that that use _is_, in fact, exempt as fair use.
'Fair use' is a notoriously complicated subject, and one which the courts have gone out of their way to _not_ clarify, for *many* years.
The copyright statutes specify some criteria to 'be considered' in determining 'fair use', but do not specify 'how much' consideration is to be given to any particular point. This is just one of the reasons that copyright infringement cases are so expensive to pursue in court.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

    HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.