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Copyright - Including Copyrighted Material from other Websites or Sources in Posts - Page 2


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  Post Number #9  
Old 13th August 2011, 01:56 PM
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Re: Copyright - Copy and Paste of Copyrighted Material in Posts

Quote:
In Reply to Parent Post by samsung View Post

Often it's difficult to ascertain if the material available on the public domain and wished to be linked is copyrighted or not. Any clue to knowing it beforehand?
Generally it will state pretty clearly within the document (usually in the foonote) or near the source of the document (above/below a link). Usually on a daily basis we (the moderators) are having to remove documents because they are clearly marked on them copyright, and additional verbiage they are not to be reproduced and such.

As mentioned, always provide the link to the material whenever possible.
Thanks to BradM for your informative Post and/or Attachment!

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  Post Number #10  
Old 13th August 2011, 02:16 PM
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Re: Copyright - Copy and Paste of Copyrighted Material in Posts

Quote:
In Reply to Parent Post by Wes Bucey View Post

... Question still remains, of course, about companies and individuals who claim copyright status for work in the public domain or which by law cannot be copyrighted. In the USA, anyone can claim copyright merely by adding the "bug" or phrase; it does not really confer copyright status unless it meets all the other copyright criteria listed in the statutes. <snip>
First, I think that playing lawyer to this extent is at best distasteful and at worst dishonest, especially when no disclaimer has been offered. Vague appeals to some unidentified legal training aren't a good substitute for full disclosure.

Second, In the case you cited, it seems to me (a non-lawyer) that the second set of three forms could have been affirmed as copyrighted but for not being original. I believe, but might be wrong, that another test of whether or not a form can be protected is the extent of intellectual and proprietary investment in it. I don't think there are any blanket dicta regarding blank forms as you suggest. For example, what constitutes a form? Is it a piece of paper, or does an HTML or Flash web form qualify? If so, designing those things costs money, effort and often creativity, so there's no reason to think that copyrights for them wouldn't be upheld.

One other thing is that the ability to protect copyright (and trademark) status is often determined by the copyright holder's efforts in that regard. If a copyright holder's work is plastered all over the Internet and no effort is made to put a stop to it, an assumption may be made that the copying has been so extensive as to render the benefits of protection moot. That's one reason for Take Down notices, which at times can become bothersome and frivolous.
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  Post Number #11  
Old 13th August 2011, 04:00 PM
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Re: Copyright - Copy and Paste of Copyrighted Material in Posts

Feel free to consult an attorney specializing in copyright law. I'm not cherry picking cases here; I was unable to find a single case where 37 CFR 202.1(c) was not upheld at appeal, regardless of words or phrases which may have been unique to the document. Design, of course, is NOT copyrightable, but in some instances design may be trademarked, but I'm sure you were aware that the effort involved in designing or formatting a document has no bearing on its ability to be copyrighted - a song lyric dashed off in two minutes enjoys the same copyright protection over a book an author may have taken a lifetime to write. Conversely, the design of even a telephone directory (which is certainly NOT blank) does not qualify for protection because its factual content of names, addresses, and phone numbers is not copyrightable (that's why some homeowners often get telephone directories delivered from two or three different sources.) A table of mortgage payments, however derived, is not copyrightable because it is primarily mathematical calculations, not creative or innovative work.

This part of your statement (One other thing is that the ability to protect copyright (and trademark) status is often determined by the copyright holder's efforts in that regard.) is absolutely true. The burden is ALWAYS on the copyright holder to notice and protest incursions on copyrighted material.

This part ( If a copyright holder's work is plastered all over the Internet and no effort is made to put a stop to it, an assumption may be made that the copying has been so extensive as to render the benefits of protection moot. That's one reason for Take Down notices, which at times can become bothersome and frivolous.) is not true. Widespread incursions are not a defense against a claim by the true copyright holder, regardless of how many. It is a defense, however, against trademark assertion, which you may be thinking of, as in the cases of
Quote:
[copied from WIKI which does not claim copyright protection for this]
A few examples of trademarks that have lost their legal protection in the US are:
  Post Number #12  
Old 25th February 2017, 03:29 PM
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Marc

 
 
Total Posts: 25,681
Re: Copyright - Copy and Paste of Copyrighted Material from other web sites in Posts

Please note that this thread has been updated. The policy has not changed but a recent post here was identified to be plagiarized from someone on another website and we wanted to address that aspect.

If plagiarism is identified here it will be treated like a copyright issue. If you find an article, or part of, which you want to share, attribution and a link to the original material is required. See Post 1 in this discussion.

Plagiarism here is not allowed and will subject the poster to the possibility of being banned from the Elsmar Cove Forum.
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About Elsmar.com - I have maintained Elsmar as a "copyright free" website since the early days. That is to say anyone can copy from here and use it elsewhere as long as it is "not for profit" (however, attribution is appreciated) - Please Read --> The Elsmar Cove Privacy Policy and Copyright Information
  Post Number #13  
Old 25th February 2017, 04:26 PM
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Re: Copyright - Including Copyrighted Material from other Websites or Sources in Post

Quote:
In Reply to Parent Post by NumberCruncher View Post

... I'm sure that I know the answer to this question, but I might as well have it confirmed.

Organisations such as NIST in America and NPL in the UK have pdf documents freely available for download. For example, NPL does a number of "Measurement Good Practice Guides" which are useful introductory material to general metrology, calipers and micrometers, measurement uncertainty etc.

Even though the material is free to anyone who wants it, I assume that you would require a link to the appropriate page rather than "Here is the pdf that I have downloaded from NPL". ...
Yes. But... We want to keep this realistic. Over the years many sites have re-organized and many have disappeared. For example, often I come across a link to a file in a forum post to a file posted on the NIST (or a similar) website which is "dead". Sometimes the poster also attached the file in the post. Often they do not. Sometimes it is good that we have a copy of the document here. The potential downside is that the document/file may have been revised since it was linked to and uploaded here, and as such may be used by someone inadvertently.

If a forum member posts text or attaches a file to a post, attribution and a link is required. Especially with respect to files such as .pdf files from NIST or similar, it may be OK. Please check for copyright notices, and if there is one it is NOT acceptable to re-post it here. You may link to it, but may not re-post it here.

Moderators do check most uploaded files, but please do your part. If you find a copyrighted file attached to a post in a forum discussion thread, please use the Report This Post button which is in every post in a discussion here.
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