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Copyright Rules & Responsibilities

post #1 of 8
Thread Starter 
There seems to be some confusion regarding copyrighted photos and EpicSki's role/responsibility. For my legal protection (a necessity for the continuation of this community), I must make this emphatic reminder. This is not a debate, it is the stated policy and the way things are. If you do not agree to this, you cannot participate at EpicSKi. By registering and posting here, each member agrees to accept 100% responsibility and ownership of what he/she posts.

Every member agreed to the terms when they registered by clicking the "I Agree" button under the terms statement , and a link to the agreed upon terms is at the top of every single page.

quote from the agreed upon terms:
You agree, through your use of this service, that you will not use this forum to post any material which is knowingly false and/or defamatory, inaccurate, abusive, hateful, harassing, threatening, invasive of a person's privacy, or otherwise violates any law. You agree not to post any copyrighted material unless the copyright is owned by you or by EpicSki.

Please remember that we cannot constantly monitor the contents of posted messages and are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message.

Sure someone filing a complaint may be confused about this, that is why I repeat (whenever I see a statement implying otherwise) that users are responsible for what they post, not me or EpicSki. (note that I still do my very best to prevent copyright issues, despite my not being culpable)

Don't mistake my best efforts to keep the forum clean and relevant for my endorsement or responsibility for anything posted here. Posted content is the responsibility of the poster. There are times when the forum is unmoderated since I am not online reading every post every minute of the day.

Now having said that, out of common decency and for your own legal protection, DO NOT post copyrighted material of any sort in these forums.

Sorry for the interruption, we now return to our regularly scheduled broadcast. [img]smile.gif[/img]
post #2 of 8
This is a reminder regarding Copyrighted photos etc.

ANY and ALL pictures you did not personally take or you do not have explicit permission to "publish or use" should be considered copyrighted regardless if it is on someone elses website. If you want to show a picture, either get permission to publish/share and give the person holding the copyright credit for the picture, or put a url link to the picture.

We are counting on epicski users to abide by this request and are not activly searching for photos however as we come across them, If they are not obviously on your own personal website (we are giving you the benefit of the doubt that you took the picture) or a listing of permission to use is not posted we will remove either the picture or the image tags.


[ October 08, 2002, 08:37 AM: Message edited by: dchan ]
post #3 of 8
Bringing to the top again.
post #4 of 8
I assume that quoting a short piece of text from a copyrighted article is acceptable under the Fair Use Doctrine, which has been upheld by the courts.
post #5 of 8
In that use I would suspect it's ok. please make sure you give credit to the original publisher.
post #6 of 8
Terry, only for use in a critique or review of a book or article by a member of the nmedia to be published in a recognized publication.

The paper for which I worked had to go to court a number of times to keep this from happening. Politicians in campaign flyers are notorious for that, as are movie ads.

A sentence in an article endorsing Mr. Jones for mayor it would read:" Although, as a neighborhood ombudsman, , Mr.Smith, eminently suited for the job, is hard working with good results, he has not nearly the experience and know-how to serve as mayor of this great city, consequently we recommend Mr. Jones for mayor."

On Mr. Smith's campaign flyers and placards it would read:

The Beacon Journals says "Mr.Smith, eminently suited for the job, is hard working with good results".

Sure, that was in the article, but it is misleading and sounds like an endorsement.

Mr. Smith claimed Fair Use and lost in court.

All rival candidates were called in and grilled editorially before the paper endorsed one. We would take a head shot of each and it ran along with the story. Some candidates would obtain that picture through our >Good Will< service where published photos are available to the public, and run them large on their poster with a statement in large letters "BEACON JOURNAL PHOTO", implying that the paper endorsed them. Now no candidate's picture taken by the paper are available to them until after the election.

So the FAir Use law is not fair for everybody, sorry.

post #7 of 8
Thread Starter 
I have been advised that a debate about the letter of the law here puts the website at risk (for example, if false advice is given and followed, there may be some exposure). Therefore, please do not use this forum to debate the fine points of the law (plus much of the legal discussion posted in such threads has been flat out wrong).

Instead, I will simply emphasize the EpicSki policy which, in an effort to be on the safe side, is more strict than the actual law. So, if in doubt, just post a link (though quoting a sentence or so from such a piece in *some* contexts falls within common sense usage). If you ask me, I'm going to say don't do it if there is any question about its legality since I am not a lawyer and don't want the exposure.

And even if it is legal to quote, common decency says to give credit.
post #8 of 8
AC...whoever gave you that advice is a moron. I sure as hell hope they're not a lawyer(s).

P.S....I meant "moron" in a nice way.
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