RE: [OGD] Bootleg copies of botanical articles
-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Peter O'Byrne Sent: Tuesday, November 30, 2004 7:00 AM To: [EMAIL PROTECTED] Subject: [OGD] Bootleg copies of botanical articles comments and opinions below, from li'l frog. The simple-English version of this sign says that you may not copy more than 10% of any single item. It then gives examples: a book, a poem, a recipe, or even a newspaper article are all 'single items'. (Can you imagine only having 10% of a recipe ??? ... fat lot of use !!!). 10% of the whole item is the upper limit under the Fair Use clause. ... 10% of a cookbook is probably what is intended, not a single recipe. There is no exception for educational use ... Paul's giving copies to students as part of a class project or assignment is expressedly forbidden by the terms of the FTA ... it says so on the notice stuck on the top of every copier in our school. I believe Paul said the instructor could make a copy for his own use, but not distribute copies to his class. Nowadays, if I wished to copy a 10 page article in a journal, I would have to make 10 different trips to the library, not just one. And I'd be breaking the law on the second subsequent trips. Of course, I wouldn't dream of doing anything so ridiculous as this, would I ?. ..See above. I believe the language and intent is 10% of the publication, not each article. If you are researching a single aspect of a subject, you might only have to copy the relevant parts, and not the entire article. What you guys seem to be saying is that US copyright laws aren't enforced in the USA, but citizens of other countries are expected to obey them. Is that correct .We really don't have a cop standing next to each copier or scanner in the United States; and for academic purposes, it is usually easy to get permission to copy an article in limited quantities. Authors and publishers like to have their works spoken of in front of students. li'l frog Peter O'Byrne Singapore ___ the OrchidGuide Digest (OGD) [EMAIL PROTECTED] http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com ___ the OrchidGuide Digest (OGD) [EMAIL PROTECTED] http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
Re: [OGD] Bootleg copies of botanical articles
On Nov 2004, at 7:00 AM, Peter O'Byrne wrote: What you guys seem to be saying is that US copyright laws aren't enforced in the USA, but citizens of other countries are expected to obey them. Is that correct Peter, Apparently so. This is most interesting as I have not run into the problem you described during recent travels in Latin America or Europe, although indeed fair use notices are commonplace on or next to all photocopy machines at institutions and commercial vendors. Considering the complexity of copyright and other intellectual property laws in the U.S. and the proclivity of U.S. administrations to regard free trade as only pertinent to U.S. corporations selling abroad, I would not be at all surprised to find an enforcement hypocrisy in this issue. After all, recent and current administrations market warfare and its instruments while professing peace and justice. As a professional librarian, maybe Harvey Brenneise has some clarification on copyright as affected by free trade. In the meantime, I may inquire to the dean of our library on this double-standard. Paul ___ the OrchidGuide Digest (OGD) [EMAIL PROTECTED] http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
Re: [OGD] Bootleg copies of botanical articles
I think that making copies at the library, however prevalent, without authorization is illegal. At least, that is what I have been told at the universities. Steve Topletz ___ the OrchidGuide Digest (OGD) [EMAIL PROTECTED] http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
Re: [OGD] Bootleg copies of botanical articles
Making photocopies at a library of pages from a book, a journal article (even in its entirety), or any other copyrighted document generally falls under the consideration of fair use. Now, this applies only in the U.S. and other countries that recognize and enforce standard copyright laws. The basic defining characteristics of the copying are that the photocopied information is for personal or educational use, will not be duplicated beyond fair use (e.g., giving copies to students as part of a class project or assignment), and will not be sold. If fair use did not exist, then much of the information obtained by instructors and professors, as well as many lab manuals, reading packets, etc., would not be possible without students really whining about costs! Articles used for research purposes are covered by fair use. Now, there are a few presumptions, or at least common policies, inherent in fair use: 1) the copies are made by the person that will use the document; 2) subsequent copies are made from the first copy and not the original, and are to used within the fair use provision; and 3) the entire document, particularly books, will not be copied in their entirety. It is common for institutional and commercial copying services to deny a job request if they feel that there may be a copyright infringement on original documents, even if it is a clear fair use situation, as they would be liable for that infringement. This is one reason that you will find serious graduate students spending a lot of money and time at photocopy machines doing their own copying; it is also surprising how much speed reading gets done at photocopiers. Regarding Peter's comment about bootlegging, I do sympathize with this feeling if the user makes frequent use of articles from particular journals; hence one reason by university faculty and researcher offices are loaded with shelf space devoted to journals and books. And, a lot of money is spent on these subscriptions or other purchases. However, I do not see that the copying of an occasional article as a problem. Making a request to another person to obtain an occasional article is also not a transgression of either copyright or common courtesy. What is sometimes seen, however, is that some people that lack the patience or knowledge to use libraries and their services (e.g., interlibrary loan [received articles are typically photocopies!]) are dependent upon others to do the footwork. In your case, Eric, I do not see any problems with your search for knowledge. Paul On Nov 2004, at 2:09 PM, Eric Hunt wrote: Peter O'Byrne recently wrote: You should support the journal by purchasing your copies (just like everyone else does) rather than asking someone to bootleg them for you. Peter, is it correct to then infer from your comment that when I go to the scientific library at the California Academy of Sciences and photocopy these articles for my own personal use that I am bootlegging the magazine? How is going to a library and making copies yourself different from having a third party do the exact same thing and send them to you in an email or as a physical paper photocopy that is mailed to you? I'm not trying to be flame bait here, just pointing out to me what is a very obvious disconnect of thought. Thanks, -Eric in SF www.orchidphotos.org --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.799 / Virus Database: 543 - Release Date: 11/19/2004 ___ the OrchidGuide Digest (OGD) [EMAIL PROTECTED] http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com ___ the OrchidGuide Digest (OGD) [EMAIL PROTECTED] http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
