Keith, 

Would you like a scanned copy of the Canadian Musician article? I'm 
figuring you'd need at least 300dpi B&W for it to be readable. I 
could upload the file here, or e-mail it to you.

>  ----- Original Message ----- 
>    Date: Thu, 27 Nov 2003 00:00:59 -0000
>    From: "merlin_williams_toronto" <fred_bloggs_ca@...>
> Subject: mag article
>
> Keith,
>
> Would you like a scanned copy of the Canadian Musician article? I'm
> figuring you'd need at least 300dpi B&W for it to be readable. I
> could upload the file here, or e-mail it to you.


A copy would be nice inte files section.  It is fair use to archive a copy
if one is mentioned or quoted, so we would have the personal interests to
make this acceptable usage.

Cheers,

Steve W

This makes sense to me, but I am not an authority on fair use.  Can anyone
confirm this or cite a reference?

>>>A copy would be nice in the files section.  It is fair use to archive a
copy if one is mentioned or quoted, so we would have the personal interests
to make this acceptable usage.



__________________________________
Do you Yahoo!?
Free Pop-Up Blocker - Get it now
http://companion.yahoo.com/

Tell, ya what...I'll do it the easy way. The article is by Alex Dean. 
I can call him up and get permission to post it. This group is 
mentioned near the end, but the piece as a whole is interesting 
reading (all m/p related).



--- In MouthpieceWork@yahoogroups.com, Keith Bradbury 
<kwbradbury@y...> wrote:
> This makes sense to me, but I am not an authority on fair use.  Can 
anyone
> confirm this or cite a reference?
> 
> >>>A copy would be nice in the files section.  It is fair use to 
archive a
> copy if one is mentioned or quoted, so we would have the personal 
interests
> to make this acceptable usage.
> 
> 
> 
> __________________________________
> Do you Yahoo!?
> Free Pop-Up Blocker - Get it now
> http://companion.yahoo.com/

I'm not a copyright attorney, but I am a professional writer/ photographer. Here's the part of the copyright law which has the most bearing upon this situation:

"Limitations on exclusive rights: Fair use 

... the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means...  for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 

(2) the nature of the copyrighted work; 

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 

(4) the effect of the use upon the potential market for or value of the copyrighted work..." 

This particular law is quite cumbersome to represent fully here, and there are parts which are subject to interpretation by the courts. As long as this forum does not try to make money from the republication of the article or articles, and does not intentionally subvert the journal's efforts to make a profit, this forum should have no trouble. 

I would say for that each article which is published in whole the magazine should be given proper credit, as well as its author. The copyright notice and date should follow. 

There could be problems if one were to scan the article and then post it to the website because it would increase the likelihood of someone reproducing the article en masse. The fact that membership to the forum is limited and cannot be accessed by the casual web surfer who prefers to read a pirated article than subscribe to the journal, this likelihood is lessened. However, since no distribution is involved, there should be no problems.

I wouldn't scan the article in whole. I'd scan it to Omnipage, convert it to word, then paste portions and then at the end of my comments, I'd make the citation like this:

Purfle, Claude "The Gunwhale Effect of the Transverse Lippi Baffle in Hard Rubber Mouthpieces." The Traumaphone Journal, January 1998, Volume I Copyright 1999.

This way it conforms to scientific and journalistic reporting. (Use APA, MLA or Chicago Style of citation. It doesn't matter).

Just my take on it.

Mike Fulton 

Searchable on Google under Mike Fulton Fiction 







 

I wouldn't call the author for permission. The publication has to give the permission. It's always easier to be granted forgiveness than be granted permission.