Aucbvax.5924
fa.digest-p
utcsrgv!utzoo!decvax!ucbvax!digest-people
Sat Jan 23 06:09:13 1982
>From CSD.MCGRATH@SU-SCORE Sat Jan 23 06:05:40 1982
On fair use - traditionally limited copying of a copyrighted work for
"private use" HAS been protected under the fair use provision. The
limitation here has traditionally defined to be limited circulation of
the material in question, which clearly does not cover redistribution
of material over the NET. But the making of a single copy, or the
private use thereof, would probably be legal under fair use
provisions.
On copyrights - copyrights do not come into existence magically. In
particular, in order to sue for any damages regarding infringement,
material MUST be registered as copyrighted. Much material appearing
in newspapers is NOT so registered because of expense.
On contracts - our (SAIL's) contract with the news wires is apparently
very liberal, allowing free use of the news wire material for
"research purposes." Since the large mailing lists are NOT an
ARPANet, or host, service, but are rather research projects, they fall
within the provision of SAIL's contract. Other contracts may differ
of course, but since most of the ARPANet news wire material comes from
SAIL, this takes care of most of the immediate practical problems.
Overall, I am convinced that the large lists are in no legal trouble
with regard to news wire material. However, copying material from
newpapers is more open to debate, since the material involved may or
may not have been registered. Finally, remember that any violations
or copyright must be objected to by the injured party - and it is
highly doubtful that any newspaper would ever bring DoD to court over
the large lists.
Jim
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