Re: Email Fair Use

["John Mitchell" <mitchelllist@xxxxxxxxx>]

On 9/5/07, Kerry Ouellet <KOuellet@xxxxxxx> wrote:
>
> I would say that technically, the person did not violate copyright laws
> because they did give your name as author, so they were citing you.


I am not aware of any provision of the Copyright Act that makes infringement
hinge on whether the reproduction, public display, derivative work or public
performance cites the name of the original author. In fact, most successful
copyright infringement actions have been against defendants (including
criminal defendants) who gave the full author 100% credit, as in the
infringing copies of CDs and DVDs being sold on the streets. While citing
the author may help cast a fair use factor in a better light, citing the
author has more to do with intellectual honesty and plagiarism than with
copyright infringement.

John
-- 
John T. Mitchell
http://interactionlaw.com