Carrier pigeon cool?
Objections Overruled
- Thread starter ameneses54
- Start date
Carrier pigeon cool?
- 11,280
Thanks Rick.
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Actually Al3 is very conversant on copyright law having been in the publishing business for many years. I woulkd defer to his views on this, but Rick may take umbrage even if it is in Rick's favor. BTW is wanna similar to dunno?
I'll also defer to Al if he speaks up, but I'm pretty sure I'm on solid footing with the 'like a book' perspective. I had way to many conversations with lawyers about this in previous lives.
Lets look at your example, music. I buy a cd (back when there was such a thing), I get tired of it, I can then sell it to someone else as long as I don't keep a copy. This has been tried in courts many times.
Look at a book. I buy a paperback book, read it on a trip, come home, give it to a friend to read. No problem. Donate it to goodwill for them to sell, no problem. Give it to the local library, no problem.
In fact, if you wonder if this is moral, I would simply say of course it is. Any other restrictions would be immoral from the copyright holders.
The 'like a book' usage policy is exactly how used book stores and used music stores work.
Then came the electronic age. People thought since it was electronic, then other rules could apply. Courts have not upheld this. As long as a copy isn't kept, I can sell my old version of Microsoft Office (if it wasn't used for an upgrade). I can in fact, loan my books, as long as a copy isn't retained or used during the loan. Problem is, people don't follow the rules, which is immoral and illegal.
Dan
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It's covered under the "First-Sale Doctine of 1908" under the United States Code (17 USC 109) which was codified in 1976.
Rick is correct, once he has purchased a copy, the copyright of the author is transferred to the buyer of the copy and the buyer may freely distribute his copy(s). Copyright owners right to control the "change of ownership" of a particular copy ends once the ownership of that copy has passed to someone else, as long as the copy itself is not an infringed copy.
Nice long read here:
First-sale doctrine - Wikipedia, the free encyclopedia
PS - this thread sucks!
Rick is correct, once he has purchased a copy, the copyright of the author is transferred to the buyer of the copy and the buyer may freely distribute his copy(s). Copyright owners right to control the "change of ownership" of a particular copy ends once the ownership of that copy has passed to someone else, as long as the copy itself is not an infringed copy.
Nice long read here:
First-sale doctrine - Wikipedia, the free encyclopedia
PS - this thread sucks!
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That's a good question.So the word "Consulting" in your company name means........???
I have wondered about the integrity part.
G
Guest
Guest
Rick owns a copy of the book (in PDF format.) He can loan it out, give it away, or sell his copy to anyone he wishes.
He can't make multiple copies and loan, give, or sell them.
Under the so-called "fair use" provisions, Rick can even publish part of the book... but "fair use" is a very murky area of law and has basically been applied to using quotations of a work for review purposes or for inclusion in other works as a reference.
The big issue in copyright law now is Google's insistence that they can publish any part of a book without permission under the "fair use" provision. I've not kept up with the latest court rulings. One issue is that Google claimed the publishers have to opt OUT while publishers claim that they must opt IN. I'm not sure where the issue stands now.
Most small publishers like myself don't spend much time on the issue. This is more of a concern to the larger NY houses.
Al
My publishing website (rather dormant the past 2 years)
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Are we not supposed to go to the library and check out music CDs and download them to out iPods?
Good thing I didn't do that a bunch of times.
Good thing I didn't do that a bunch of times.
