Legal Question Re Cites

[Picaro]

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'.

 

[Picaro]

Bump. Anybody know the answer?

 

[AyeCantSeeYou]

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.

 

[Alex.]

Think "Fair Use" doctrine which permits the use of a limited amount of material without the need for permission of the copyright's holder.

 

[Picaro]

Think "Fair Use" doctrine which permits the use of a limited amount of material without the need for permission of the copyright's holder.

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.

 

[Alex.]

Think "Fair Use" doctrine which permits the use of a limited amount of material without the need for permission of the copyright's holder.

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.

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.

 

[flacaltenn]

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..

 

[Picaro]

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.

 

[Alex.]

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..

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.

 

[RWS]

Somebody's trying to get someone in trouble...

Jus sayin...

 

[Alex.]

Somebody's trying to get someone in trouble...

Jus sayin...

How so?

 

[RWS]

Well, it's a silly question for a forum, that's why. Especially after over 3500 posts.

I would be interested to know who he is trying to use this tactic against. He must be pissed at somebody. Follow the trail...

And btw, it's definitely not me! I'm just observing and sayin...

 

[Alex.]

Well, it's a silly question for a forum, that's why. Especially after over 3500 posts.

I would be interested to know who he is trying to use this tactic against. He must be pissed at somebody. Follow the trail...

And btw, it's definitely not me! I'm just observing and sayin...

Seems like a simple question with a simple answer together with a 4 pronged test, supposed "agenda" notwithstanding.

 

[RWS]

Maybe you're right. Again, I was just sayin, after many years of experience.

Hey, I could definitely use a lawyer in a thread I'm participating in, and can't keep up with... Could you represent me? I'll give you full power of attorney.

 

[Alex.]

Maybe you're right. Again, I was just sayin, after many years of experience.

Hey, I could definitely use a lawyer in a thread I'm participating in, and can't keep up with... Could you represent me? I'll give you full power of attorney.

You don't need me......




.....you need.........

 

[RWS]

lol

 

[Picaro]

Well, it's a silly question for a forum, that's why. Especially after over 3500 posts.

I would be interested to know who he is trying to use this tactic against. He must be pissed at somebody. Follow the trail...

And btw, it's definitely not me! I'm just observing and sayin...

The reason I asked was because the only place I've seen what I cited in the OP is on a server restricted behind a pay wall and I've never seen it anywhere else; it's at the bottom of every single web page and every pdf file on that server, and is pay for view material from current magazines and academic journals, not publicly available, and the wording doesn't seem to allow any content to be posted without permission, so I asked for clarification from people who may know more than I do about legal language.

You're just a paranoid loon, that's all. I don't use 'tactics' against anybody, I'm always direct and up front, and I'm also polite to any other posters who are themselves polite to others, regardless of where they are on anything, and I also have little inhibition against trolling trolls and bullies, so I don't need 'tactics', and I don't stalk others around the board; you're just projecting here. Just be honest in your postings and you won't have such a guilty conscience and have these knee-jerk paranoid episodes all the time.

 

[RWS]

ok, you do the same...

BTW, would you like to represent me instead?