Thread: Plagiarism
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Old 03-13-2009, 08:19 AM
R. Dale Flick R. Dale Flick is offline
 
Join Date: May 2006
Location: Cincinnati, Ohio, U.S.A.
Posts: 1,550
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*RE: Plagarism/Fair Use/Infringement.'*
Hi, Alan & steamboating colleagues:
Interesting comments you made above Alan on what's been happening with your publications. Recently I've delved into this on behalf of S&D including discussions with Franz. Since September I've researched and written two basis papers on (C) Copyright and shared. I'll be glad to either do a 'Forward' in document form or mail copies to your home. No doubt you as a professional already know most of this already. I certainly don't want to belabor a topic discussed on here previously.

(C) Copyright, again, can be claimed by any creator of a writing, graphic, photo etc. in a tangible form of expression with creativity and originality. The matter of 'Innocent Infringement' when a party uses materials from another with no knowledge of (C) Copyright or that so being displayed. It's tricky, for sure. 'Fair Use' allows portions of minimal amount to be quoted or used with credit given to the original source. Copyright law is intended to protect the writer/creator but still recognizing that limitations would totally bring any scholarly research, writing, history to a halt. Such laws are said to "Protect the innocent grazing sheep from the maurading goats." Every poster on this web can claim (C) to their posting; yet Franz as web founder and manager really owns it. In many cases web sites are understood to allow further use of postings by others.

*Copyright Duration Chart*
1. Published/Created before 1923 - 'work' is in the Public Domain.
2. Published/Created 1923-1963 and (C) NEVER RENEWED - in the Public Domain.
3. " " 1923-1963 and renewed - (C) 95 years from first publication.
4. " " 1965-1977 AUTOMATIC RENEWAL and 95 years.
5. 'Created' but NOT published or registered before 1978: Single term of 120 years from creation for 'unpublished' works for hire [Job related] and unpublished or 'pseudonymous' works.
6. 'Created' before 1978 but published 1978 to 2002: Copyright expires Jan 1, 2048.

Unfortunately, most general publications outside of the leading classics, scientific etc. are regarded as having a 'usable' or 'shelf life' not more than 70 years--yet there are exceptions. Even some of Capt. Fred Way's books--or others penned recently by some we know--are being removed from library shelves for lack of circulation or interest. Anybody creating a body of work in writing etc. must officially register that work for protection to be safe. You don't need a visible (C) Copyright or (R) Registered Trade Mark but it is prudent to do so. Hope you get this matter corrected. As you say the legal cases involving such are more trouble and cost than worth the effort. Most cases are settled quietly between the parties out of court. Yet, some cases receive national asttention involving millions $$$. A claimant has to prove actual financial loss or other inconvenience. The highest courts also make no judgement on work that is 'bad..amateur...in poor taste.'

Well, what do I know?

Coal Haven Landing, Ohio River.
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