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Re: [EVDL] Copyright Notice & Public Domain Myth

(Sorry for the off topic post) I was going to post this privately until
I read the last part of the post regarding Plagiarism. I'll answer this,
and try not to post anything more on it so as not to continue this
off-topic thread.

Unfortunately you're mistaken, and your misunderstanding of copyright
law can get you into hot water. I'm not trying to point a finger at you,
I'm simply just making you aware that just because something is posted
online does not make it public domain.

Let me be clear... (I'm not specifically referring to the EVDL or
content compiled from EVDL for use in tech manuals or training aids) I'm
talking about ANY work online. In general.

This from the FBI's website: (which I'm sure you've read on DVD movies
you've watched.) "..."Warning: The unauthorized reproduction or
distribution of this copyrighted work is illegal. Criminal copyright
infringement, *including infringement without monetary gain*, is
investigated by the FBI and is punishable by up to 5 years in federal
prison and a fine of $250,000."..." http://www.fbi.gov/ipr/

I was not referring to your making of what copyright law calls a
"compilation". You can make a compilation normally out of public domain
works, and yes you can profit off of public domain works. However, just
because it's online, does NOT make it public domain.

People can copy and paste an excerpt from a copyrighted work to the EVDL
or any other email list, and that work (the whole remainder of it) still
remains copyrighted, (regardless whether it's ever been published or
not). An "excerpt" can probably be republished legally under "Fair Use"
http://www.copyright.gov/fls/fl102.html But you must be careful with
this too because *"...The distinction between fair use and infringement
may be unclear and not easily defined. There is no specific number of
words, lines, or notes that may safely be taken without permission...."*
Copyright is extremely complicated, and there's millions of words
written about it. Also you don't need to REGISTER a work for it to be
copyrighted. It's automatically copyrighted from the moment of creation.

Let me give an analogy related to EVs so everyone on EVDL doesn't yell
at me for posting a long off-topic post.

Say I'm a newbie to building EVs. (oh wait, I am) If I were working on
an EV and if you saw me reaching for something that would probably shock
or electrocute me, wouldn't you reach out and tell me?

I hope you would! And believe me, I wouldn't take offense.

In fact I'd thank you very profusely and probably buy you a drink. ;)

Regards,
Eric

P.S. I just noticed you accused me of "Plagiarism" with regard to the
quotation(s) I used from the US Copyright office, and other sites. This
you posted publicly, and was a completely blatant insult of which I'm
not really offended because again, you point out your unfamiliarity with
the definitions of Plagiarism, fair use, and of what the word excerpt
means. And of course what Plagiarism really is.

Plagiarism is: "...the unauthorized use or close imitation of the
language and thoughts of another author *and the representation of them
as one's own original work*..."
http://dictionary.reference.com/browse/plagiarism

Specifically, I never claimed ownership of, nor did I ever imply the
quotes were my own. It's called a "quote" for a reason.

As for your petty statement I'll "quote" yet again "...By the way you
can forget the financial support I offered a few days ago for your
research project on EV..."

Ok...

Not once did I get insulting with you Dennis...

Regards,
Eric


On 9/23/2010 2:41 AM, Dennis Miles wrote:
> Eric,
> Thanks for the fine review of US Copyright. Have you forwarded your
> two copies and the registration fee to the Library of Congress Yet? No?
> Then as long as I make no specific profit from selling my occasional copy, I
> have nothing to fear because you can sue me but you will have nothing to
> recover and you must also pay your own legal fees! Also consider this,
> yours is not anything I wanted to copy and give away free to my students
> anyway.
> Because I don't see anything in it related to EVs? Are you off Topic?
>
> I am talking about providing an occasional quote from this list to
> Trainees studying to be EV Techs. And reminding the list contributors that I
> value what they say, and I intend to note their name as author and the EVDL
> list as the source and sometimes use the quotes in the EAA Education Chapter
> Newsletter, while pointing out that their comments were Excellent and
> Relevant, Why then am I catching all this flack from you?
> Oh, you may consider this comment "Public Domain" and copy it all you
> want because I am sure I will make no monetary profit from it. By the way
> you can forget the financial support I offered a few days ago for your
> research project on EV, I'm afraid I would not trust the results reported by
> an individual who just sent a message with over 80% Plagiarized Quotations
> from the very documents you provided "Links" to, In the Universities this
> same document to which I replied would result in your EXPULSION! (Quotation
> marks does not make it OK to copy, in fact you may be in violation of
> Copyright Law from several US Govt. Brochures.)
>
> Regards,
> Dennis Lee Miles (Director) E.V.T.I. inc.
> *www.E-V-T-I-Inc.COM* (Adviser) EVTI-EVA Education Chapter
> ---------------------------------------------------------------------------------------------
> -------------------------------
>
>
Eric<[email protected]> wrote:
>
>
>> It's a common misconception that "works" published on the web/email list
>> are public domain. They are not, and you can get into trouble if you're
>> not careful.
>>
>> The 1989 Berne Convention Implementation Act made it "optional" to
>> include a copyright notice.
>> http://www.copyright.gov/circs/circ03.pdf
>>
>> "...A copyright notice is no longer legally required to secure copyright
>> on works first published on or after March 1, 1989, but it does provide
>> legal benefits...."
>> http://www.copyright.gov/help/faq/definitions.html
>>
>> Just because something is published online "with or without notice", on
>> an email list, or anywhere at all does not mean it's public domain.
>>
>> "...Copyright protection subsists from the time the work is created
>> in fixed form. The copyright in the work of authorship
>> *immediately* becomes the property of the author who created
>> the work...." http://www.copyright.gov/circs/circ1.pdf
>>
>> This means the author of any work (photo, text, audio, video, etc.)
>> becomes the owner of that work the very moment it's created.
>> (just like the text I'm typing right this second makes this text
>> copyrighted, no matter if there is a notice on it or not)
>>
>> EVERY "work" created by author or artist is automatically copyrighted
>> according to US Copyright law.
>>
>> You can find yourself in legal hot water if you republish anything
>> without express written permission from the copyright owner.
>>
>> Hope this helps...
>>
>> Regards,
>> Eric
>>
>> --
>>
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