Legal Question Re Cites

Discussion in 'Announcements and Feedback' started by Picaro, Oct 19, 2016.

  1. Picaro
    Offline

    Picaro Gold Member

    Joined:
    Oct 31, 2010
    Messages:
    7,816
    Thanks Received:
    1,103
    Trophy Points:
    290
    Location:
    Texas
    Ratings:
    +5,217
    I get most of my current news and info from academic servers, and most of the pages there are from current magazines, academic papers, etc., and have this or something similar at the bottom:

    "Copyright of Kiplinger's Personal Finance is the property of Kiplinger Washington Editors Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use."

    Does this include citing something from their papers and articles on a message board, or is that not 'individual use'? Or is it the same as how the Wall Street Journal not allowing anything at all anywhere to be posted from their articles? I'm not sure what a 'listserv' or whether posting on a message board falls under 'individual use'.
     
  2. Picaro
    Offline

    Picaro Gold Member

    Joined:
    Oct 31, 2010
    Messages:
    7,816
    Thanks Received:
    1,103
    Trophy Points:
    290
    Location:
    Texas
    Ratings:
    +5,217
    Bump. Anybody know the answer?
     
  3. AyeCantSeeYou
    Offline

    AyeCantSeeYou Senior Mod Staff Member Senior USMB Moderator Gold Supporting Member

    Joined:
    May 19, 2013
    Messages:
    12,950
    Thanks Received:
    4,015
    Trophy Points:
    445
    Ratings:
    +11,169
    Individual means for your own purposes and not for the purpose of posting it online. You could always contact them and get their permission to share it.
     
    • Thank You! Thank You! x 1
  4. Alex.
    Offline

    Alex. BANNED

    Joined:
    Aug 18, 2014
    Messages:
    9,894
    Thanks Received:
    4,928
    Trophy Points:
    2,095
    Ratings:
    +11,495
    Think "Fair Use" doctrine which permits the use of a limited amount of material without the need for permission of the copyright's holder.
     
    • Informative Informative x 1
  5. Picaro
    Offline

    Picaro Gold Member

    Joined:
    Oct 31, 2010
    Messages:
    7,816
    Thanks Received:
    1,103
    Trophy Points:
    290
    Location:
    Texas
    Ratings:
    +5,217
    Yes, I used to think so, but apparently the Wall Street Journal, New York Times, and a few other hack outfits think any citing is cause to harass message boards and threaten legal action, so I no longer take it for granted, and thought this one worth asking about; I'm not sure how broad that can be interpreted.
     
  6. Alex.
    Offline

    Alex. BANNED

    Joined:
    Aug 18, 2014
    Messages:
    9,894
    Thanks Received:
    4,928
    Trophy Points:
    2,095
    Ratings:
    +11,495

    Here is the "black letter law":

    "In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2) the nature of the copyrighted work;

    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4) the effect of the use upon the potential market for or value of the copyrighted work."

    17 U.S. Code § 107 - Limitations on exclusive rights: Fair use


    Rule of thumb.. a few sentences and attribution.
     
    • Thank You! Thank You! x 3
  7. flacaltenn
    Offline

    flacaltenn Senior Mod Staff Member Senior USMB Moderator Gold Supporting Member

    Joined:
    Jun 9, 2011
    Messages:
    40,577
    Thanks Received:
    6,429
    Trophy Points:
    1,830
    Location:
    Hillbilly Hollywood, Tenn
    Ratings:
    +21,764
    Individuals bringing appropriately short excepts to a "commercial" discussion board with proper attribution (links) is covered by fair use. If they wanted to protect their material from being "snipped" it's easy to do.

    The difference would be if USMB snipped their material to drive traffic to this site. THAT -- might cause them to get "snippy" about it.. :biggrin:
     
    • Informative Informative x 1
  8. Picaro
    Offline

    Picaro Gold Member

    Joined:
    Oct 31, 2010
    Messages:
    7,816
    Thanks Received:
    1,103
    Trophy Points:
    290
    Location:
    Texas
    Ratings:
    +5,217
    Well, the current stuff is restricted behind paid subscription servers, so a link wouldn't be sufficient here, and the term 'content' seems to be inclusive to me, but I guess I can see what happens. Most public access sites rarely have such disclaimers and restrictions, just a few; and yes I'm one of those who actually scroll down and look at such stuff and the small print. I just don't know squat about legal terminology.
     
  9. Alex.
    Offline

    Alex. BANNED

    Joined:
    Aug 18, 2014
    Messages:
    9,894
    Thanks Received:
    4,928
    Trophy Points:
    2,095
    Ratings:
    +11,495
    USMB directs how the material is to be posted "Copyright. Link Each "Copy & Paste" to It's Source. Only paste a small to medium section of the material." USMB Rules and Guidelines


    and then promotes the material on its property by showing it in public posts, that is tantamount to your example of Commercial Use. Nevertheless, what is going on here is well within the realm of reasonableness and is not controlling.
     
  10. RWS
    Offline

    RWS Gold Member

    Joined:
    Sep 24, 2013
    Messages:
    1,497
    Thanks Received:
    108
    Trophy Points:
    130
    Ratings:
    +422
    Somebody's trying to get someone in trouble...

    Jus sayin...
     
    • Funny Funny x 1

Share This Page