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To what extend fair use is permitted? Say I see a problem in
http://www.wiskit.com/marilyn/natives.html. I want to use the problem
in my book on how to learn Math. I didn't know who created the
problem. Do I need permission? It doesn't seem that the problem carry
any commercial value. Even so, the problem is posted in parade
magazine. I don't think simply knowing the problem will discourage
people from buying parade magazine.
Also the statutory penalty for copyright violation is $100,000.00 Is
this true irrelevant of actual damaged perform?
Why there is no huge statutory penalty for petty theft or fraud by the
way?
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jonathan wrote:
To what extend fair use is permitted? Say I see a problem in
http://www.wiskit.com/marilyn/natives.html. I want to use the problem
in my book on how to learn Math. I didn't know who created the
problem. Do I need permission? It doesn't seem that the problem carry
any commercial value. Even so, the problem is posted in parade
magazine. I don't think simply knowing the problem will discourage
people from buying parade magazine.
Also the statutory penalty for copyright violation is $100,000.00 Is
this true irrelevant of actual damaged perform?
Why there is no huge statutory penalty for petty theft or fraud by the
way?
See the US copyright office and learn the things that are not copyrightable.
Math is one of them.
Perhpas I should say, simple math.
That particular thing is called a riddle, and most likely it was NOT
originally created by that author.
Unless Ms. Savant can show otherwise.
If you want to nitpick on the math side of the riddle, then that is your
opinion and you are entitled to do so.
I don't believe there is a statuory penalty for copyright as each case would
be decided seperately.
If there is,one that high, that could possibly be an "Excessive fine" which
the constitution says is not permitted.
that sounds like an urban legend.
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In article <bs9tu1017mc@enews4.newsguy.com> "Richard" <anonymous@127.000> writes:
jonathan wrote:
See the US copyright office and learn the things that are not copyrightable.
Math is one of them.
Perhpas I should say, simple math.
Now we get into the reasons why one should not listen to anything that
"Richard" says, because he doesn't know what he is talking about and
doesn't want to bother looking up things. He would rather just wing
it based on his little experience with things like copyright law,
often basing his nonsense on some TV show or other authoritative
source.
Sometimes, he is right, but as the old saying goes, even a stopped
clock is right twice a day.
Anybody who acts based only on his advice is dumber than he is.
Mathematics is not copyrightable because it is not expression. The
way of expressing a mathematical concept or problem is. Just look
at all the math textbooks whose copyright has been registered with
the United States Copyright Office without any objections on their
part.
I don't believe there is a statuory penalty for copyright as each case would
be decided seperately.
Nobody should care what "Richard" believes since, as is the case here,
he is more often wrong than right. There are statutory damages for
copyright infringement. Just look here:
http://www.copyright.gov/title17/92chap5.html#504
If there is,one that high, that could possibly be an "Excessive fine" which
the constitution says is not permitted.
They are not "fines," which are penalties for criminal acts. They are
an alternative to the actual damages because those may be difficult
to prove, and are always what the judge in the case decides is "just."
that sounds like an urban legend.
And one codified in United States copyright law, no less!
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In article <bs9tu1017mc@enews4.newsguy.com> "Richard" <anonymous@127.000>
writes:
jonathan wrote:
To what extend fair use is permitted?
In the United States, "fair use" is always permitted. 17 U.S.C. 107
states "... the fair use of a copyrighted work ... is not an infringement
of copyright."
The question should be whether a particular use is a "fair use," and
to determine that, the statute says that four factors need to be
considered:
(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.
Nothing is automatically a "fair use," and all four factors must be
considered. But the more the new work is transformative of the
original work (say, a criticism of the work), the more likely it is
to be a "fair use."
Which is why I mentioned the thing about being an opinion.
Unless Ms. Savant is the creator of the riddle in question, which I
seriously doubt, then using it without her permission may be infringement.
But if one wishes to discuss the flaws in the riddle, then that is your
perogative to do so.
Or nitpick as to the how's and whys of the riddle.
I can take your original work, publish it, and at the head of it say
something like, "In my personal opinion this whole line of hogwash just
totally sucks and here's why....."
For that, I don't need your permission.
But I do need your permission if I am to reprint it and sell it within my
work.
As in a collection of various works by various authors.
My brother came up with a little diddy and posted it on a bulletin board
somewhere.
His quote got published in various newspapers around the world. Some asked
for permission, others did not.
No big thing, just one of those "off the wall" fun things we think of every
now and then.
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In article <bsadmu08jg@enews3.newsguy.com> "Richard" <anonymous@127.000> writes:
I can take your original work, publish it, and at the head of it say
something like, "In my personal opinion this whole line of hogwash just
totally sucks and here's why....."
Just adding something to a copyrighted work doesn't end the copyright
on that work, or make it the publishing of the augmented work any
less of a copyright infringement.
You have absolutely no idea what you are talking about, and anybody dumb
enought to take your advice deserves what they get. Stick to something
that you know about, if there is such a thing.
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Well, what about if I paraphrase the problems in my own worlds, give
credit to the source, and then answer the problem. I just need the
problem as a sample of typical math game problem.
By the way, once you've written your book, where do you publish it?
How do you sell a written book?
news:<bsajgb$kdd$1@coward.ks.cc.utah.edu>...
In article <bsadmu08jg@enews3.newsguy.com> "Richard" <anonymous@127.000> writes:
Just adding something to a copyrighted work doesn't end the copyright
on that work, or make it the publishing of the augmented work any
less of a copyright infringement.
You have absolutely no idea what you are talking about, and anybody dumb
enought to take your advice deserves what they get. Stick to something
that you know about, if there is such a thing.
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Also it's kind of strange that the damage is not proportional with the
damage. If we use a pictures we found on the net in our homepage where
the pictures have no copyright notice whatsoever do we get fined
$145000 too?
What about if we buy pictures unknowingly from a pirate?
hollaar@faith.cs.utah.edu (Lee Hollaar) wrote in message news:<bsajgb$kdd$1@coward.ks.cc.utah.edu>...
In article <bsadmu08jg@enews3.newsguy.com> "Richard" <anonymous@127.000> writes:
Just adding something to a copyrighted work doesn't end the copyright
on that work, or make it the publishing of the augmented work any
less of a copyright infringement.
You have absolutely no idea what you are talking about, and anybody dumb
enought to take your advice deserves what they get. Stick to something
that you know about, if there is such a thing.
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Basically the problem I want to use is already freely posted on the
web. http://www.wiskit.com/marilyn/natives.html
The problem is only 3 lines. For convenience I paraphrase the problems
in my own languate although of course I put where the source is.
So it's like I found a problem on the web at
http://www.wiskit.com/marilyn/natives.html. You can look at it but
I'll paraphrase this for your convenient.
Beyond that, it's my solution to the problem. I do not copy it from
anyone.
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