Is it stealing if its on paper?

Written by Dew
Published November 25, 2003
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There is a major exception — criticism and parody. The fair use provision says that if you want to make fun of something like Star Trek, you don't need their permission to include Mr. Spock. This is not a loophole; you can't just take a non-parody and claim it is one on a technicality. The way "fair use" works is you get sued for copyright infringement, and you admit you did copy, but that your copying was a fair use. A subjective judgment on, among other things, your goals, is then made.

However, it's also worth noting that a court has never ruled on this issue, because fan fiction cases always get settled quickly when the defendant is a fan of limited means sued by a powerful publishing company. Some argue that completely non-commercial fan fiction might be declared a fair use if courts get to decide. You can read more


7) "They can't get me, defendants in court have powerful rights!"
Copyright law is mostly civil law. If you violate copyright you would usually get sued, not be charged with a crime. "Innocent until proven guilty" is a principle of criminal law, as is "proof beyond a reasonable doubt." Sorry, but in copyright suits, these don't apply the same way or at all. It's mostly which side and set of evidence the judge or jury accepts or believes more, though the rules vary based on the type of infringement. In civil cases you can even be made to testify against your own interests.

8) "Oh, so copyright violation isn't a crime or anything?"
Actually, recently in the USA commercial copyright violation involving more than 10 copies and value over $2500 was made a felony. So watch out. (At least you get the protections of criminal law.) On the other hand, don't think you're going to get people thrown in jail for posting your E-mail. The courts have much better things to do. This is a fairly new, untested statute. In one case an operator of a pirate BBS that didn't charge was acquited because he didn't charge, but congress amended the law to cover that.

9) "It doesn't hurt anybody — in fact it's free advertising."
It's up to the owner to decide if they want the free ads or not. If they want them, they will be sure to contact you. Don't rationalize whether it hurts the owner or not, ask them. Usually that's not too hard to do. Time past, ClariNet published the very funny Dave Barry column to a large and appreciative Usenet audience for a fee, but some person didn't ask, and forwarded it to a mailing list, got caught, and the newspaper chain that employs Dave Barry pulled the column from the net, pissing off everybody who enjoyed it. Even if you can't think of how the author or owner gets hurt, think about the fact that piracy on the net hurts everybody who wants a chance to use this wonderful new technology to do more than read other people's flamewars.

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Is it stealing if its on paper?
Published: November 25, 2003
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Section: Music
Writer: Dew
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#1 — November 25, 2003 @ 17:18PM — Tom Johnson [URL]

Dew, for some really interesting reading about copyrights, check out John Oswald and Plunderphonics. He created music from other artists work but did so in a way that only accentuated the gifts that made these songs so popular in the first place. He got his butt sued off by a number of record labels and essentially went into hiding with the aid of Negativland and their record label Seeland. What makes this so interesting is that he is doing something that, essentially, celebrates the music the artists made in the first place. He makes no attempt to disguise his sources, but the end product is so artistic and meaningful, not to mention often humorous, that it's hard to believe a band would get upset about it. Maybe they didn't, but their labels sure did. This could put an interesting spin on your work.

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