Re: E-Mail Copyright

[Ken Umbach <kumbach@UNLIMITED.NET>]

Personally, I would recommend that folks on LM_NET relax about reproduction
of HITs.  After all:

(1) list members send their comments in as part of an essentially public
information-sharing process;

(2) there is no commercial interest in these messages (hence no reason for
anyone to pursue an action regarding infringment of their nominal copyright
on a paragraph or two) -- if a poster HAS a commercial interest in what he
or she is posting (for example, it is an excerpt from a book he or she
intends to publish), then that can be noted in the post (or, more likely,
the person would never simply post the message in the first place!);

(3) it is inconceivable that anyone on this list would undertake legal
action in such a matter, and if someone did, it would be expensive,
time-consuming, and ultimately almost certainly of zero value (and
considerable negative value) to do so.  And, frankly, he or she would likely
be laughed out of court and be banned from the list for good measure.  (Just
my opinion, of course.)

This is, in my view, indeed a storm in a soup tureen (to invent a variation
on the theme) as far as this list is concerned.

You are ALL free to reproduce anything I post to this list or send in
response to a TARGET unless I specify otherwise.  (Not that I say much worth
reproducing ... but it is only a matter of time!)  I only ask that it be
reproduced accurately (except for correction of obvious typographical errors).

Regards,

Ken Umbach

At 09:37 AM 11/2/97 -0800, you wrote:
>Right on Reina.
>
>I've found the in information posted in the HITS to be extremely valuable
>and have used that information in many workshops and writings without ever
>considering the copyright implications.   Gary Joseph's message changed
>that.

That is unfortunate, in my view, for the reasons I listed above.

>Perhaps this is a "Tempest in a Teapot" however, as Reina points out, if
>Gary's information about copyright legislation is correct (and I have no
>reason to believe it's not), "It could have a very unhappy effect on the
>exchange and sharing of info here on LM_NET".
>
>Assuming the copyright implications are correct, the next logical question
>is, what can we, as members of LN_NET do about it?

Put something in the FAQ explaining that messages posted on the list may be
reproduced by list members for educational purposes, and that those posting
to the list or replying to a TARGET agree to this?  That would settle the
issue in an iron-clad fashion, I think

>>If I understand Gary Joseph's message of Nov.2 correctly, that would mean
>>that we couldn't post HITS unless each person gave specific permission to
>>use their thoughts, ideas, etc. It could have a very unhappy effect on the
>>exchange and sharing of info here on LM_NET?? Sounds ominous!
------------------------------------------------------------------------
Kenneth W. Umbach, Ph.D.
Policy Analyst, California Research Bureau, California State Library
Sacramento, CA (kumbach@unlimited.net or kumbach@library.ca.gov)
Personal home page: http://members.unlimited.net/~kumbach
            And see http://members.unlimited.net/internet/cvr2intr.html
This message reflects my opinion, not that of my employer or anyone else
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