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Old 12-08-2005, 05:26 AM
 
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recent copy policy

Jon:
Not sure if this fits the forum, but I couldn't think of any where else to put it (might be the effect of the hour).

I ran across an interesting page on a University's site which supports your recent policy implementations (partial quotes and links). There hasn't seemed to be any backlash to those, but you might need a quick reference someday to quelch an argument. (Why I was reading such stuff is a long, irrelevant story).

http://www.copyright.iupui.edu/FUsummaries.htm
"Key Court Case Summaries on Fair Use"

Re: your policy on selective quoting instead of entire works:

Under the heading "COPYING FOR WEBSITES & PUBLIC DISSEMINATION", the case "Los Angeles Times v. Free Republic"
Quote:
A bulletin board website allowed members to post full articles from newspapers in order to generate awareness and discussion of various subjects. Access to the site was unrestricted. The defendant was a for-profit corporation, but was in the process of seeking nonprofit tax status and did not charge for access to materials on its website.

[...]
Amount: The website included the full text of the articles, and the court found that the copying was more extensive than necessary to accomplish the defendant’s objectives.

Effect: The newspapers were seeking to exploit the market for the articles and draw traffic to their websites; the defendant was “usurping” the copyright owner’s potential markets.

Conclusion: The bulletin board’s use of the newspaper articles was deemed to not be fair use.
I'm not sure if you've made any formal policy related to this next one, but it caught my eye.

Under the heading "INTERNET & WEBSITE DEVELOPMENT", case "Kelly v. Arriba Soft Corp."
Quote:
[...]
Effect: The use of the “thumbnails” does not harm the market for the original images because there would be no way to obtain the original without visiting the creator’s website. But placing the full-sized images on the website harms all of the creator’s markets by giving users access to the works without requiring them to visit the original website.

Conclusion: Conversion of internet photos to “thumbnails” is fair use. However, copying full-size images onto a website is not fair use.
I started to email this to you and then thought there might be others who would need to know about that thumbnails nit-pick. Actually, I guess that argues for this whole message being better suited to one of the threads on Crankshaftcoalition.com instead of here. Just toss it where ever you think it belongs (including a black hole).

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Old 12-08-2005, 01:25 PM
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Very useful -- thanks for the research. I'm going to post about this on the Coalition site, this is right up its alley.

All of it makes perfect sense too. I try to think of fair use situations by applying the traditional four factors. It doesn't stand to reason that copy-pasting text on forums would be legitimate, or, really, thumbnailing and linking to full-sized images (although everyone does it).

"Active inducement" ties into this. Grokster, etc.
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Old 12-08-2005, 01:32 PM
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Can't believe I didn't mention this.

I recently received a PM from a board member, giving me a heads up about posting leaked pics from GM of the 2009 Camaro. Apparently, there's a ruckus about this going on at LS1Tech.com. I still haven't read through the thread and investigated the situation, but I'm sure it will at least prove interesting: http://ls1tech.com/forums/showthread.php?t=419262 .
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Old 12-08-2005, 07:56 PM
 
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That ls1tech.com won't let me see the thread without logging in.

According to that case summary from my previous post, using a full-size image to create a thumbnail which links to the original image is fair use. It would appear to apply to any "leaked" photos as well.

It is the sole responsibility of a trade secret holder to maintain that secrecy. If those photos of a 2009 Camaro were considered trade secrets, it was GM's responsibility to keep them from becoming public. Anyone who used illegal means to obtain them could be prosecuted by GM, but GM can't unring the bell. If there is a fair use publication of the photos anywhere, the trade secret is history.

Anyone who posts the pictures as they came from GM would be infringing copyright. Pointing to where they are reported is not infringement. If they were truly leaked and not a P.R. move by GM, the best situation is for the photos to be in some news report that people can link to, with or without thumbnails. (A lot of so-called leaks are actually deliberate, as I'm sure you know).

The "photochops" that go on in Hot Rod Art are "transformative" works, which make them presumptively fair use. In-line images in discussions are usually either reduced images pointing back to the original source or 'hot-linked' from the original. Many images used in the discussions are either original works by the person posting or are completely factual images necessary for the discussion of some part or procedure.

I'm not a lawyer but it appears to me that there are good-faith efforts being made by a lot of admins and users of discussion forums to try to respect people's property.

(O.T.: I noticed something a little strange when previewing the post. "Page Ranking" was substituted for P[+]R. Had to use "P.R." to abbreviate "public relations". Sometimes helpful software is too smart for its own good.)
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Old 12-09-2005, 06:06 PM
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Here's another link: http://www.kyfbodies.org/vb/showthread.php?t=17587 . Or try a Google search for 2009 camaro, using the Julian datarange operator, and an inurl search that would be specific to forum software urls.

Agreed on photochops being transformative works.

My hunch on the GM thing is that it's a publicity stunt.

The PR issue was an acronym expansion feature for SEO purposes. Fixed.
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