Copyright and violation (sorry) ( was [Sca-cooks] COPYING The secrets of the . . . )

[Huette von Ahrens]

If you read the ProQuest policy again, you will
see that their copyright is limited to the images
of the book.  That is all they can copyright.
Since the book itself is in public domain, if you
transcribe it and put the transcription [not the
images] on a website, you will not be in
violation of their copyright.  Or if you quote a
transcription of the book in your article but
don't use the actual images in your article, you
are not in violation of their policy.

As a librarian, I understand Johnnae's viewpoint.
As a researcher, I understand Nicolo's viewpoint.
This is something that has long been argued and
debated about by librarians.  What constitutes
"fair use"?  How many copies can you make or how
much of a book can you copy for educational
purposes?  It is a very grey area.

What Nicolo is saying is that he is too small a
fish for them to be concerned about.  I say
maybe.
But if everyone to them is appearing to violate
their copyright and you are the one that they
have caught, they may go to the expense to
prosecute you to send a message to all the
others.  They might find the cost of doing so
acceptable so that in the long run they will stop
the theft of their property.  I would hate to be
the one they test case on.

Huette

--- Nick Sasso <NJSasso at msplaw.com> wrote:
> ----- Original Message -----
> From: "johnna holloway"
> <johnna at sitka.engin.umich.edu>
> <<<SNIP>>>
> > Their policy is outlined very clearly--
> > "ProQuest Information and Learning Company
> has copyright and other
> > intellectual property rights in Early English
> Books Online. In
> addition,
> > ProQuest Information and Learning's
> agreements with the owners of
> the
> > materials reproduced in Early English Books
> Online give us limited
> > rights which do not include reproduction of
> images outside of Early
> > English Books Online. Accordingly, you must
> obtain permission to
> include
> > images in books or articles from both
> ProQuest Information and
> Learning
> > and the owner of the material."
> >
> > You may choose to violate this copyright
> under the belief that you
> will
> > not be caught but it's not a wise idea.
>
> I believe you misread my post.  My attitude
> isn't about not getting
> caught; that can happen very simply if desired
> by authorities.  I do not
> believe they will CARE about me and my little
> one-man cooking kitchen,
> even if they believe I have 'violated' their
> copyright.  They will have
> to prove damages in order to obtain a
> judgement.  I'll leave that to
> attorneys to argue.  I will use what
> information I can obtain, remain
> respectful of their needs to make money and let
> them decide if I am
> important to them.
>
> See also their policy above where they state
> that I must get permission
> to include images in books or articles.  Since
> I do not plan and will
> not include images in any articles and won't
> write a book, much less
> using their images, the policy seems moot as
> you typed it.  The rights
> re: reproduction outside their system, in the
> absence of agreement,
> probably revert back to the owners who must
> then determine their damages
> if I copy something for my personal research
> use and non-monetary
> enrichment.
>
> If "They (tm)" come to get me, I will stand to
> face whatever judgement
> will be levied.  Until then, fair use of
> information for purpose of
> education and knowledge will be my cause.
>
> pacem et bonum,
> niccolo difrancesco
> (these little worms wriggle less than I had
> expected)
> _______________________________________________
> Sca-cooks mailing list
> Sca-cooks at ansteorra.org
>
http://www.ansteorra.org/mailman/listinfo/sca-cooks


=====
Blessed are they who can laugh at themselves for they
shall never cease to be amused.

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