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

Wes Bucey

Quite Involved in Discussions
#11
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
[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:

 
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Marc

Hunkered Down for the Duration
Staff member
Admin
#12
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
 

Marc

Hunkered Down for the Duration
Staff member
Admin
#13
Re: Copyright - Including Copyrighted Material from other Websites or Sources in 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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