Internet is NOT public domain

["Tesla list" <tesla-at-pupman-dot-com>]

Original poster: "Jim Lux by way of Terry Fritz <twftesla-at-qwest-dot-net>" <jimlux-at-earthlink-dot-net>


----- Original Message -----
From: "Tesla list" <tesla-at-pupman-dot-com>
To: <tesla-at-pupman-dot-com>
Sent: Saturday, March 23, 2002 4:20 PM
Subject: RE: TO ALL PLEASE READ


> Original poster: "Loudner, Godfrey by way of Terry Fritz
<twftesla-at-qwest-dot-net>" <gloudner-at-SINTE.EDU>
>
> Hi Tom
>
> Any pictures on the internet are in the public domain. You can copy freely
> all the pictures you need for your school project as long as you do not
> profit financially from the pictures. However it is a courtesy to the
owers
> of the sites to give them credit for their pictures. I can't see anyone
> objecting to nonprofit educational use of pictures taken from the
internet.


Not even close to being true.  Publication of something on the internet no
more puts something into the public domain than publishing it on the TV,
Radio, or newspaper.  The holder of copyright (i.e. "right to copy")
controls all rights to publication.  Interestingly, if I write a letter to
someone, I hold copyright on the letter, which means the recipient cannot
reproduce the letter, even though they have physical posession and ownership
(i.e. they could sell the letter to someone else who prized my deranged
musings).  They cannot even publicly exhibit the letter legally (such being
"publication" under the copyright law), as by framing it and putting it in a
museum, storefront, etc.

There is a concept called "fair use" which allows small (!) parts of a
copyrighted work to be used for certain purposes (i.e. criticism, comment,
etc.).  Inconvenience or inability to find the copyright holder does not
create a "fair use" exception.

The creator of a work can sell or assign the copyright (i.e. "works for
hire" being a common.), but all the rules still apply. If I sell all or some
of my rights to ABC corporation, then now, ABC corporation gets to control,
etc.

Whether one profits is immaterial.  (just as with patents).  I, as a
creator, may not want a zillion copies of my work distributed for free for a
variety of reasons.  1) I can't control how those copies are used.  Perhaps
an image I created winds up as part of a collection of otherwise
objectionable items. 2) Maybe I want my copy to be the ONLY one 3) Maybe I
intend to sell a limited number of copies, where the value is enhanced by
limited availability (particularly true for photographs, by the way).  I am
sure you can think of other reasons.

There is an immense amount of literature on this around, particularly on the
internet.
University of Texas has a "crash course in copyright"
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
Stanford has a whole site ( http://fairuse.stanford.edu/) devoted to "fair
use". Fair use is of great importance in the academic world, because a) lots
of sources that professors want to use are "out of print", b) analysis of
existing works is the lifeblood of the "softer" academic areas (what would
literature study be without the use of quotations from existing copyrighted
works?)

 Phillip Greenspun's online book at arsdigita has some particularly useful
information http://www.arsdigita-dot-com/books/panda/ and is a good read, as
well (read the "book behind the book" for some interesting insights into the
publishing world, by the way...)
>
> Godfrey Loudner
>
> > -----Original Message-----
> > From: Tesla list [SMTP:tesla-at-pupman-dot-com]
> > Sent: Saturday, March 23, 2002 4:42 PM
> > To: tesla-at-pupman-dot-com
> > Subject: Re: TO ALL PLEASE READ
> >
> > Original poster: "by way of Terry Fritz <twftesla-at-qwest-dot-net>"
> > <Kidd6488-at-aol-dot-com>
> >
> > In a message dated 3/22/02 2:56:09 PM Eastern Standard Time,
> > tesla-at-pupman-dot-com
> > writes:
> >
> >
> > >
> > > If anyone has any objection to me using their content
> > > on my site, please e-mail me off this list.
> > >
> > > Thanks
> > > --Tom
> >
> >
> >
> > I think it might be better to ask:
> > "If anyone will LET me use their pictures please email off list"
> >
> > Just a tip...
> >
> > ---------------------------------------
> > Jonathon Reinhart
> > hot-streamer-dot-com/jonathon
> >
>
>
>