RE: digital-copyright Digest 25 Mar 2004 16:00:00 -0000 Issue 355

["John R. Tersigni" <jrt7@xxxxxxxxxxxxx>]

Joe,
The real question is, did the party who published her site benefit
financially
from the post? If they did, then that's another matter. If the site was used
for educational purposes only, she has no case. Of course people can sue for
anything. Her lawyers better get a nice retainer, because she's going to
lose
if there's no profit involved. If you ask the money question, you'll usually
find the answer or something close to it.

For example, if I was to direct people to this site
http://www.bushflash.com/idiot.html
for educational purposes only, I would be ok. However, if I was a political
consultant
with experience raising money for the DNC, and I was using this site to
impress potential clients and secure contracts with them, then the publisher
of this
site might have a case against me.

--John




-----Original Message-----
From: Joseph Lorenzo Hall [mailto:jhall@xxxxxxxxxxxxxxxxx]
Sent: Thursday, March 25, 2004 12:54 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Re: digital-copyright Digest 25 Mar 2004 16:00:00 -0000 Issue
355


> A university faculty member posted on his web site a short article
> [not a pointer to the article] which he had found published on their
> website by a commercial firm [by subscription - not clear whether
> they charge for subscriptions].  The author of the article, whose
> permission to publish on our faculty member's web site had not been
> sought or granted, discovered this posting, and has asked for
> reimbursement for what she believes to be a violation of her
> copyright.  [Following notification by the author, the faculty
> member removed the item from his web site.]

If this article was posted in the context of an educational
discussion, you might also have a fair-use defense (granted, that
would require going to court to make said defense).

Joe

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