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Forum posting cartoons? Copyright question - Any attorneys?

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  • Forum posting cartoons? Copyright question - Any attorneys?

    In another forum - a poster was questioned by another about posting cartoon / comics from other online sources / e-mails from friends / co-workers...
    Person stated it may be a violation of copyright laws by posting the cartoons / comics on the forum - such as our "JOKES" sub forum here... I have seen TONS of this on about every forum I visit and this is the first I have heard of this...

    Any truth to such or is it legit to post such? I.E. Doonesbury cartoon...
    Live to work... or Work to live - YOUR Choice.

  • #2
    My understanding is that it's OK unless it's for profit.

    I just did one of Obama and don't know how to keep it from being pilfered, otherwise I'd post it up.

    Comment


    • #3
      Only the owner has the right to determine the use, for profit or not. You can only use portions of a copyrighted material without permission. From the copyright office's FAQ:

      How much of someone else's work can I use without getting permission?
      Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians.

      Could I be sued for using somebody else's work? How about quotes or samples?
      If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.
      The natural progress of things is for liberty to yield, and government to gain ground." - Thomas Jefferson

      Comment


      • #4
        Originally posted by eyesopen View Post
        Only the owner has the right to determine the use, for profit or not. You can only use portions of a copyrighted material without permission. From the copyright office's FAQ:

        How much of someone else's work can I use without getting permission?
        Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances.
        That's the sticking point. If you post your art online you are putting it in the public domain. It doesn't become anyone else's property but if there is no money involved what are your damages?

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        • #5
          You mean we're not supposed to be
          posting other people's cartoons !?!
          sigpic
          Our houses are protected by the good Lord and a gun.
          And you might meet 'em both if you show up here not welcome son.

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          • #6
            As long as you give credit where credit is due?
            Pete Malloy, "The only thing black and white about this job is the car."

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            • #7
              99% of what goes on in a forum setting would fall under "fair use" doctrine.

              Originally posted by Copyright Office
              The "fair use" provision of the copyright statute allows for the reproduction of parts of copyrighted materials without permission of the copyright owner "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Fair use applies to ALL copyrighted works - books, Web pages, articles, artwork, music, etc.
              Originally posted by kontemplerande
              Without Germany, you would not have won World War 2.

              Comment


              • #8
                Unless your posting stuff from behind a paywall (NYT) then why would it be an issue as long as it's credited?

                Comment


                • #9
                  Originally posted by SRT936 View Post
                  99% of what goes on in a forum setting would fall under "fair use" doctrine.

                  [/FONT]
                  Err, not in the case of posting entire articles. Plenty of forums have received DMCA notices, which can have a site, including a forum, shut down by the hosting company if the forum doesn't remove the infringing material by demand of the copyright holder. I saw this happen first hand on a forum I was a volunteer moderator for and the owner did not take down the content after receiving a DMCA infringement notice. It was an online article posted in in full. He didn't take it down and then the hosting company received a copy of the DMCA complaint. That then put the responsibility for complying with the DMCA notice in hosting company's hand, failure to do so could make not only the forum liable, but the host as well. The host sent a notice to the forum that they would pull the plug if it wasn't removed within 2 days. Forum owner refused, asked the moderators to help research it, and the host shut off his site. What we all found was the forum didn't have a leg to stand on, so the forum agreed to remove it and the host reactivated the site.

                  Do a search for "dcma against forum for user posting article" and you'll find hundreds of thousands of results. The issue isn't credit, unless the the author says its okay to post their work for only credit in return. The issue is many people who write content or their employers want to be paid for it. You go to a news site and it has ads. Someone copies the article, post in in full without permission and now the article is not only distributed without them being able to make income from it, the forum gets income from displaying their own ads for someone else's work. "All Rights Reserved" is pretty clear.

                  Here are part of the rights the Associated Press reserves for articles published and sold by them to news outlets:

                  "5. Except as provided in this agreement, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on this site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials."

                  A forum running Google ads next to any Associated Press content... may be unknowingly commercially exploiting the content. Google will also shut off ad service if they receive a DMCA complaint about a forum and it doesn't remove it - there are tens of thousands of DCMA complaints sent to Google listed in the DMCA database. It almost happened to the forum I moderated on.
                  The natural progress of things is for liberty to yield, and government to gain ground." - Thomas Jefferson

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