ASTM copyright infringement?

[palmer]

We have made several "instruction" manuals for our various machines for new employees. It has been recently brought up that ASTM does not want their documents like A-185 and A-497 quoted verbatum in manuals other than theirs.

Our manuals have copies of these standards quoted word for word for our training purposes.

Is anyone aware of ASTM copyright infringement regarding their standards being reproduced within a company's work instructions or manuals?

 

[Stijloor]

We have made several "instruction" manuals for our various machines for new employees. It has been recently brought up that ASTM does not want their documents like A-185 and A-497 quoted verbatum in manuals other than theirs.

Our manuals have copies of these standards quoted word for word for our training purposes.

Is anyone aware of ASTM copyright infringement regarding their standards being reproduced within a company's work instructions or manuals?

This is what ASTM says. See attachment.

Stijloor.

 

[palmer]

Maybe I'm a little obtuse. My wife says I'm getting fat

I've read the licensing agreement that you posted Stiljor. If I use those 2 sections I previously stated without removing the copyright mark, I can use them in a training manual for my companies personal use only. Is that correct?

If not, does it mean all you can do is partial quote a standard and only use the ASTM specs as a reference in their manual?

There is specific testing of our product detailed in the 2 standards I referenced. It is not our intent to distribute but to use the standard for tests.

The legal jargon of any licensing agreement makes my head swim.

 

[Stijloor]

Maybe I'm a little obtuse. My wife says I'm getting fat

I've read the licensing agreement that you posted Stijloor. If I use those 2 sections I previously stated without removing the copyright mark, I can use them in a training manual for my companies personal use only. Is that correct?

If not, does it mean all you can do is partial quote a standard and only use the ASTM specs as a reference in their manual?

There is specific testing of our product detailed in the 2 standards I referenced. It is not our intent to distribute but to use the standard for tests.

The legal jargon of any licensing agreement makes my head swim.

Copyright stuff is not my specialty. I believe that what you described could be viewed as "fair use." But I may be mistaken.

You may contact ASTM and explain what you're trying to do.

Let's wait and see what other Cove Members have to say.

Stijloor.

 

[palmer]

Here is a section of the standards I mentioned that we have included in our manuals:

This standard is copyrighted by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the above address or at 610-832-9585 (phone), 610-832-9555 (fax), or [email protected] (e-mail); or through the ASTM website (www.astm.org).
A 497/A 497M – 025

 

[MIREGMGR]

My understanding:

Generally speaking, the legal definition of "personal use" encompasses use by an individual for his/her personal education, not in the context of use by a business in the course of its profit-making operations.

If a business directs or expects the use, or directly benefits from it, it's not "personal use".

Thus use in a business's employee training program would not be "personal use".

 

[palmer]

BTW,

I hate this legality crap that us small manufacturers seem to run into when we just want to make a product that meets a standard from a book that we purchased.

I guess we can design the testing around the standard but perhaps can't quote word for word how and why from the book....

I don't want legal issues but I do want make product to some standard we can use.:truce:

 

[palmer]

My understanding:

Generally speaking, the legal definition of "personal use" encompasses use by an individual for his/her personal education, not in the context of use by a business in the course of its profit-making operations.

If a business directs or expects the use, or directly benefits from it, it's not "personal use".

Thus use in a business's employee training program would not be "personal use".

Don't companies use these standards? Don't employees need to understand these standards?

 

[WCHorn]

Please read the agreement Stijloor posted, section B(iii)(3). You're adapting the standard and the agreement says not to. Also, the "fair use" doctrine does not apply, see section 107 of US Copyright Law at http://www.copyright.gov/title17/circ92.pdf

I recommend you follow Stijloor's advice and contact ASTM, explain your situation and see if they can help you with some kind of limited site license.

 

[palmer]

What if the industry standard is based on meeting ASTM specs? Besides the testing that we do, some of our customers take samples of our product and perform tests that are to ASTM specs.