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TUCoPS :: Cyber Law :: fairuse.txt

Posting newspaper articles to the net is legal!




 Subj : OFFICIAL - Posting of newspaper & other articles - Copyright            
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
 * Crossposted from: MTLNET.INFOHIGHWAY-I

 Hello All,

 Firstly I must qualify my statements by indicating that I am
not a lawyer.  However, my interpretation of the following is
based on informed opinion & scrutiny of the facts.  It is
recommended that if you have serious doubt you contact a legal
professional.

 *A note to Moderators.*  Some of you may feel that this post
is not germane to your conference.  If this is the case I ask
your indulgence due to the importance to this issue.  So many
of the people in your conferences are indeed concerned about
how they may better express themselves & disseminate important
information they come across.  This is meant to equip us all
to better communicate & contribute to the conferences we
participate in.  Thanks for your indulgence & I hope this
will be of value to you & the participants of each conference.
My signature (.sig) has been included for purposes of
credibility.


 SUBJECT:  Legality of posting newspaper & other copyrighted
articles from various media sources.


 It is my conclusion based on the contents of Bill C-32, An
Act to ammend the Copyright Act (of Canada), that posting
copyrighted articles to newsgroups, conferences, echos or
other public electronic communications media, is legal
provided the posting meets with the stipulations of
Bill C-32 as follows;



                              PART III

                   INFRINGEMENT OF COPYRIGHT AND
                   MORAL RIGHTS AND EXCEPTIONS TO
                           INFRINGEMENT


                            EXCEPTIONS


                           Fair Dealing

        29.  Fair dealing for the purpose of research or
        private study does not infringe copyright.



        29.1  Fair dealing for the purpose of criticism or
        review does not infringe copyright if the following
        are mentioned:

         (a) the source; and

         (b) if given in the source, the name of the

           (i) author, in the case of a work,

           (ii) performer, in the case of a performer's
           performance,

           (iii) maker, in the case of a sound recording, or

           (iv) broadcaster, in the case of a communication
           signal.



        29.2  Fair dealing for the purpose of news reporting
        or news summary does not infringe copyright if the
        following are mentioned:

         (a) the source; and

         (b) if given in the source, the name of

           (i) author, in the case of a work,

           (ii) performer, in the case of a performer's
           performance,

           (iii) maker, in the case of a sound recording, or

           (iv) broadcaster, in the case of a communication
           signal.



 Therefore posting of articles from newspaper or other media
sources, in my informed opinion, does not constitute an
infringement of the Copyright Act.

 Should you require further explanation or a more detailed
outline regarding these matters please feel free to contact me
personally & I will be happy to help you out & direct you to
the resources pertinent to your interests & concerns.

 ALSO OF IMPORTANCE:

 I suggest that the following disclaimer be added to any post
wherein you may be copying text from a newspaper or other
article in order that there be no misunderstanding on the part
of any reader as to the specific sections of the Copyright
Act which allow for "Fair dealing" related to copyrights
infringements exceptions:


        "This information is forewarded to you for the
        sole purpose of criticism & review pursuant to
        Bill C-32, an Act to ammend the Copyright Act
        (of Canada), Section 29.1."


 I suggest that you save this post for reference & I hope that
it has cleared up some of the misunderstandings & foggy areas
of posting copyrighted acts on various nets for review &
discussion in an effort to better inform ourselves.

 Any developments related to this issue will be posted in
MTLNET.INFOHIGHWAY-ISSUES & crossposted to numerous other
conferences.

 Your comments & observations are welcomed & appreciated, as
always.

 I sincerely hope that this has been of value to many of you.

 Regards,

 KLB
 Moderator
 MTLNET.INFOHIGHWAY-ISSUES
/===========================================================\
             /^^\           \    /        |\  /|
   Kirk L.   |               \  /         | \/ |
   Bennett   \__/REATIVE      \/ISIONS    |    |ULTIMEDIA
   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
           Digital Communications Multi-Specialist
  Internet Presence Provider - Web-Site Design - HTML/SGML
         Videographic Production Including Pre & Post
              Member - HTML Writers' Guild  Inc.
 creativ@cam.org  (514)634-6486  http://www.cam.org/~creativ
\===========================================================/

... Oh no!  The Moderator's been doing his homework again.

--- Blue Wave/DOS v2.30 [NR]
 * Origin: Juxtaposition BBS.  Lasalle, Quebec, Canada (1:167/133)



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