Mike Vandeman
To: Doug Chinnery
Subject: Breach of Copyright On Your Website.
Look up "fair use" in copyright law. And stop
trying to hide your illegal environmental
destruction. Thanks for a good laugh.
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I am working on creating wildlife habitat that is off-limits to humans ("pure habitat"). Want to help? (I spent the previous 8 years fighting auto dependence and road construction.)
Please don't put a cell phone next to any part of your body that you are fond of!
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3 comments:
What a tool. Is he hosting your photo? Did he add that watermark?
Fair use is an American concept. Canadian is fair dealing:
Fair dealing and exceptions
People such as critics, reviewers and researchers often quote works by other authors in articles, books, and so on. Are they infringing copyright? Not necessarily. The Copyright Act provides that any "fair dealing" with a work for purposes of private study or research, or for criticism, review or news reporting is not infringement. However, in the case of criticism, review, or news reporting, the user is required to give the source and the author's, performer's, sound recording maker's or broadcaster's name, if known.
The line between fair dealing and infringement is a thin one. There are no guidelines that define the number of words or passages that can be used without permission from the author. Only the courts can rule whether fair dealing or infringement is involved. In addition to fair dealing, the Copyright Act has exceptions for different categories of users. One category is non-profit educational institutions. These are permitted to make copies and perform works and other subject matter protected by copyright, free of charge, in the classroom, subject to certain restrictions. Educational institutions are also permitted to make use of works protected by copyright if they are done on the premises of an educational institution for educational or training purposes, provided there are no suitable substitutes available in the commercial marketplace. Educational institutions may copy news and news commentary (excluding documentaries) from radio and television broadcasts and keep the copy for educational use on school premises for up to one year from the date the tape is made. All other types of radio and television broadcasts can be copied by educational institutions and kept for up to 30 days to decide whether the copy will be used for educational purposes. If the copy is used for educational purposes, a royalty set by the Copyright Board must be paid.
Another category of user having exceptions under the Copyright Act are "non-profit libraries, archives and museums." These institutions may copy published and unpublished works protected by copyright in order to maintain and manage their collections. Examples are making a copy for insurance purposes and to preserve a rare, original work which is deteriorating.
This can be done as long as copies are not commercially available in a medium that meets the institution's needs. Libraries, archives and museums may copy an entire article of a scholarly, scientific or technical nature provided the copy is used for private study or research purposes. Articles in a newspaper or periodical which are not scholarly, scientific or technical can also be copied if the article is at least 12 months old at the time the copy is made, and provided the copy is used for private study or research purposes.
Another category of user to benefit from exceptions is persons with a "perceptual disability." This term refers to someone who has difficulty reading or hearing. Persons with a perceptual disability, or at the request of a person with a perceptual disability, or for a non-profit organization acting for his or her benefit, to copy a work protected by copyright in alternate formats such as braille, talking books or sign language. The exception applies unless a work in an alternate format is already commercially available.
For a complete list of exceptions to infringement, refer to the Copyright Act.
Examples of infringement
Infringement:
* reprinting an article without the copyright owner's permission;
* playing records at a dance without the copyright owners' permission;
* giving a public performance of a play without permission;
* photocopying articles for a class of students without permission; and
* taping your favourite band at a music concert without permission.
Not infringement:
* quoting a few lines of the article in a research paper (fair dealing);
* playing records at home;
* giving a public performance of a play by Shakespeare (no copyright exists/public domain);
* obtaining permission from the author and paying a fee to him or her (if requested) in order to use an article; and
* borrowing a musical tape from a friend to copy onto a blank tape for private use (a royalty payment to the owner of the song rights has been paid when the blank tape was purchased).
The following is reprinted from the Canadian Intellectual Property Offic's website:
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html
:-D
And since I'm there, at the very least he has violated your moral rights:
Moral rights
Even if you sell your copyright to someone else, you still retain what are called "moral rights." This means that no one, including the person who owns the copyright, is allowed to distort, mutilate or otherwise modify your work in a way that is prejudicial to your honour or reputation. Your name must also be associated with the work as its author, if reasonable in the circumstances. In addition, your work may not be used in association with a product, service, cause or institution in a way that is prejudicial to your honour or reputation without your permission.
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