RE: quoting in posts-is permission required ? (Full Version)

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darkinshadows -> RE: quoting in posts-is permission required ? (10/15/2005 11:09:49 AM)

If you post a quote from someone from their own site, their own work then you should acknoweldge the person and even gain permission. However CM is a public site and when a person signs up they sign up accepting the terms and conditions, just like any other site. So if a person places a post here, its a public domain issue so quotation is acceptable.



JohnWarren -> RE: quoting in posts-is permission required ? (10/15/2005 11:24:13 AM)


quote:

ORIGINAL: dark~angel

If you post a quote from someone from their own site, their own work then you should acknoweldge the person and even gain permission. However CM is a public site and when a person signs up they sign up accepting the terms and conditions, just like any other site. So if a person places a post here, its a public domain issue so quotation is acceptable


Posting on a public board does not make something in the public domain as a number of web owners have found to their dismay and cost when they "borrowed" material from other websites.

What we have here falls into the "fair use" exclusion. Williams & Wilkins v US 420 US 376 (1975)

Actually if one does "acknoweldge the person" without gaining permission to use copyrighted material outside of the exemptions , the court has held that this compounds the damage Chicago Record American v Tribune assn 275 F. 797 (7th Cir 1921)

Outside the copyright law exemptions one must get overt permission from the original copyright holder in order to publish copyrighted material.



Phoenixandnika -> RE: quoting in posts-is permission required ? (10/15/2005 11:29:22 AM)

quote:

ORIGINAL: girl4you2

i've only been around these parts for about 2 months, but from what i've gathered, to post and use a quote in your response seems fairly typical. i've now just gotten an email from someone who tells me that i have to ask permission before quoting one of their posts. it wasn't a kind tone of note. what say all of you fellow message board posters on this new stick in the wheel of continuing knowledge? i will welcome all thoughts and opinions. i kinda thought the boards were a place to learn and share. if there are more who feel as the person who emailed me, am i (and the rest of the posters) to find the time to email every responder before adding to the discussion?



This is a public forum. Although you can not copy copywritten material without permission, I have NEVER seen someone legally copy write a post such as this one before posting it in a forum. To assume that you have the expectation of everyone who qoutes your posts HAS to email you for permission is well silly. If you do not want people qouting you, or calling you on your words its simple don't post because people will call you on it and most likely feed you your own words by simply using the qoute button.

*oh wait before I post this I need to go get it copy written so no one can qoute me*

Nika{Phoenix}



darkinshadows -> RE: quoting in posts-is permission required ? (10/15/2005 11:43:35 AM)

I understand - I am going to go check the sign up terms - I was talking specific of CM - As I believe in the sign up, one wavers rights (which of course is covered within copyrights laws as as well - if someone really wanted to be pushy about it.) As for the 'borrowed' part - I didnt think that was the issue here. The issue is specific (as I read it) to words written directly onto the site(not words 'borrowed' from another - thats a different thing entirely). Where the words originate are very important in copyright issues.

Peace and Love

Edit to add*

For the TOS

quote:

3.4 Except for public domain material and electronic messages, all materials on this site are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the site may not be reproduced, copied, edited, published, transmitted, or uploaded in any way without the written permission of the sites owner. Except as expressly stated in this TOS agreement, no grant of any express or implied right to you under any trademarks, copyrights or other proprietary information are given.



JohnWarren -> RE: quoting in posts-is permission required ? (10/15/2005 12:30:47 PM)


quote:

ORIGINAL: Phoenixandnika
*oh wait before I post this I need to go get it copy written so no one can qoute me*



It is copy written. Copyright exists from the inception of the material in a medium that can be observed by others. You are thinking of registration which is a very different matter and not at all needed in the venues being discussed.



darkinshadows -> RE: quoting in posts-is permission required ? (10/15/2005 1:42:44 PM)


Nika - anything written or painted or created is covered by copyright. Even releasing private letters sent via email can't be posted out without consent.(Fine line, but it can be contested) You just have to check your local copyright laws for more details.

John - I was under the impression that CM worked as a waver on sign in. I believe I may be wrong. (Going to check into it further) It may have altered since I signed up - Do not know... But just shows, one should be aware of what they sign to.

Peace and Love.



girl4you2 -> RE: quoting in posts-is permission required ? (10/15/2005 6:55:52 PM)

i'm just going to paraphrase Moderator Eleven who said that permission is not necessary in quoting a post in the forum. I'm going with the Moderator's opinion.



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