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Strains And Hybrids: P2P Terms And Conditions For Sharing Information?

englishrick

Plumber/Builder
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ICMag Donor
Veteran
Coppyright laws prohibit the sharing of information,,,,,,,,computers and P2P has changed things lately tho,,,,

my Question is

i have a publication called Robbert W Alllard Prinipels of Plant breeding,,,,,,,i know i spelt it wrong,,its the googles fault

i would like to share my thoughts with my friends on ic who also own a copy,,,,,,,,,how would i go about this,,,,,,,,???????????

my first idea was to take a photo of it with my blue film infront of the page,,,,,,,,,,,,,im dislexic and ive currently been using a blue transusent film to read my copy of the origonal content,,,,,,,,,can i scan it? an share this "blue content"!! i would love to show my fellow dislexic friends on ICMAG who also own a copy of the origonal content!!!!,,,,,

i might be doing a dislexic member a real favour,,,,lol:)

what are the backup laws?

below are the exeptions to the laws stated in the book itself



§ 107. Limitations on exclusive rights: Fair use40
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

§ 108. Limitations on exclusive rights: Reproduction by libraries and archives41
(a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if —

(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;

(2) the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and

(3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section.

(b) The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if —

(1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and

(2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives.

(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if —

(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and

(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.

For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

(d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if —

(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and

(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if —

(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and

(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(f) Nothing in this section —

(1) shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law;

(2) excuses a person who uses such reproducing equipment or who requests a copy or phonorecord under subsection (d) from liability for copyright infringement for any such act, or for any later use of such copy or phonorecord, if it exceeds fair use as provided by section 107;

(3) shall be construed to limit the reproduction and distribution by lending of a limited number of copies and excerpts by a library or archives of an audiovisual news program, subject to clauses (1), (2), and (3) of subsection (a); or

(4) in any way affects the right of fair use as provided by section 107, or any contractual obligations assumed at any time by the library or archives when it obtained a copy or phonorecord of a work in its collections.

(g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee —

(1) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or

(2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.

(h)(1) For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) apply.

(2) No reproduction, distribution, display, or performance is authorized under this subsection if —

(A) the work is subject to normal commercial exploitation;

(B) a copy or phonorecord of the work can be obtained at a reasonable price; or

(C) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies.

(3) The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.

(i) The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b), (c), and (h), or with respect to pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e).
 

Blimey

Take A Deep Breath
Veteran
I think you would be infringing copyright if you posted it in open forum, as you cannot guarantee the target audience own a copy.

Even IF your target audience owned a copy, a valid argument could be made that you therefore do not need to post a scanned copy, as you could simply quote a page and paragraph number.

If the book was out of print, maybe you would have some (shaky) ground to stand on, but I don't believe this is the case.

I'd love to read an online copy as much as anyone - I've been following these threads too, but I think the law is not on your side, Rick.

Saying "the law is not on your side" does sound rather odd, given the very nature of what we are posting about here on i.c. - but I believe Gypsy could also be liable for hosting said copyrighted material, and we would be poor guests of his to put him in such jeopardy.

But I'm no lawyer. Just my tuppence.
 

englishrick

Plumber/Builder
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ICMag Donor
Veteran
^^^yes this is my problem,,,,im afraid to mess with coppyright on gypsys behalf,,,allong with the fact i dont want to brake any real laws myself....

everything in this website is for entertaiment and learning purposes anyways,,,,,,

ive spoken to a friend an he said ,,"if an inderpendant third party scans the source" then if i obtain the image,,,then my friends and myself are coverd by the Copyright (Visually Impaired Persons) Act 2002,,,,,,,,

he says "if the the images are only accesable in the form of links",,,,,,,and the links are in the form of an agreement,,,,then we well within our legal rights,,,,,,

this would be the link>>>>>>>>>>>>[by clicking on this link you are agreeing to being visualy impared and to owning copy of the source material. This work is licensed under the Copyright (Visually Impaired Persons) Act 2002 .D.A.Lang]


what do you think bro?
 
Last edited:

Blimey

Take A Deep Breath
Veteran
I think that's some very adroit tapdancing you are doing there, Rick.

My advice, given that I'm not a lawyer, would be to consult with Gypsy himself and obtain his wise counsel before posting anything (even a link) that could land him in hot water.

All of this is thanks to him - let's not crap on his lawn without his blessing, eh?
 

englishrick

Plumber/Builder
Mentor
ICMag Donor
Veteran
thats why it aint been done allready,,,,,im nothin without gypsys backin,,,

i need to figure this out bro:)
 

englishrick

Plumber/Builder
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ICMag Donor
Veteran
i give credit to any 1 who makes a copy of this book "prefferably with blue background" accessable to me an my friends on the net,,,,,i would love it bro,,,,,,,,,,,its seems impossible to source this book in any form on the net , many friends of mine have tryed, with no joy
 

Skip

Active member
Veteran
i would like to share my thoughts with my friends on ic who also own a copy,,,,,,,,,how would i go about this,,,,,,,,???????????

my first idea was to take a photo of it with my blue film infront of the page,,,,,,,,,,,,,im dislexic and ive currently been using a blue transusent film to read my copy of the origonal content,,,,,,,,,can i scan it? an share this "blue content"!! i would love to show my fellow dislexic friends on ICMAG who also own a copy of the origonal content!!!!,,,,,
First you state you want to share your thoughts about a book. No copyright problems there. You can even quote passages to go with your commentary.

Then, if I understand correctly you want to take images of pages of the book and post them online? As far as I know, Google has been doing this for years and has had copyright challenges to it. So it's not a good idea, and would be unnecessary if you are discussing the book with people who have it already.

In no case can you make a complete digital copy of the book except for your own use. For any other use you would need to contact the publisher/copyright holder for permission. That's what I suggest you do if you are going to make some kind of special copy for special needs users.

If you follow those guidelines we have no problem with you posting as stated above.
 

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