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more on Posting newsclippings online as PDFs
From: David Farber <dave () farber net>
Date: Wed, 29 Nov 2006 15:05:13 -0500



Begin forwarded message:

From: Peter Wayner <pcw () flyzone com>
Date: November 29, 2006 3:00:31 PM EST
To: David Farber <dave () farber net>, franklin () pobox com
Cc: ip () v2 listbox com
Subject: Re: [IP] Posting newsclippings online as PDFs


I don't think the correct way to think about this is to concentrate on the law, but since you asked I'll answer that first.

Statute: It's called copyright. Are you making copies for people who visit your website? It sure sounds like it for me.

You can read the law here:

http://www.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17.html

Case history? It's all over the place, but the courts haven't been shy about throwing the proverbial book (one they purchased not copied illicit). Consider Lowry's Reports v. Legg Mason. Lowry's is a small, financial newsletter publisher who found that Legg Mason was making extra copies for internal use. A jury awarded $19.7m for these copies.

http://www.mdd.uscourts.gov/Opinions152/Opinions/01-3898.memorandum.pdf

That's just one case.

But I think the proper way to look at this is morally and philosophically. If the newspapers can't get revenue from producing articles, they're going to stop doing it. I gave a talk at Google about this:


http://www.wayner.org/talks/gtalk.html

Ask yourself how you would feel if people just made arbitrary copies of your work product, whatever it is.

-Peter





On Nov 29, 2006, at 2:23 PM, David Farber wrote:



Begin forwarded message:

From: Franklin Seal <franklin () pobox com>
Date: November 29, 2006 2:19:17 PM EST
To: David Farber <dave () farber net>
Subject: Posting newsclippings online as PDFs

Dave — for IP if you like:

I regularly save online news articles as PDF files, then post them on a website as newsclippings. This avoids the problem of articles disappearing on the original newspaper’s site down the line. But someone asked me the other day if this was legal and I didn’t have an answer. So far, I’ve come up blank looking for one online.

Anyone able to point me to statute or case history that might shed some light here?



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