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Copyright 20/03/2014 at 04:25 #57415 | |
BarryM
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Is it permissable to attach a pdf file of a Quail Map Company's 1990 map to a topic in the Forum? Barry Barry, Sydney, New South Wales, Australia Log in to reply |
Copyright 20/03/2014 at 04:49 #57416 | |
GeoffM
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" said:Is it permissable to attach a pdf file of a Quail Map Company's 1990 map to a topic in the Forum?Not really, though in copyright law there is provision for limited fair use with attribution I believe - as in a very small part of the map with appropriate links or whatever to buy the full version. Those with more legal minds could describe better than I. SimSig Boss Log in to reply The following user said thank you: BarryM |
Copyright 20/03/2014 at 09:07 #57428 | |
clive
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" said:" said:The UK doesn't have "fair use", it has "fair dealing" and these are not the same. I'm rusty enough that I wouldn't like to say more without refreshing my memory.Is it permissable to attach a pdf file of a Quail Map Company's 1990 map to a topic in the Forum?Not really, though in copyright law there is provision for limited fair use with attribution I believe Short version: don't do it. Log in to reply The following user said thank you: BarryM |
Copyright 20/03/2014 at 10:21 #57432 | |
welshdragon
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Trackmaps explicitly say no, you can't even scan them for your personal use.
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Copyright 20/03/2014 at 12:57 #57449 | |
jc92
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" said:Trackmaps explicitly say no, you can't even scan them for your personal use.woops! i seem to recall photocopies of the 1990 LM quail being issued at last years derby meet to assist people with orienteering NWC when it was released? "We don't stop camborne wednesdays" Log in to reply |
Copyright 30/03/2014 at 02:29 #58012 | |
Muzer
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" said:Trackmaps explicitly say no, you can't even scan them for your personal use.Is this actually enforcible? I'm not a lawyer, but isn't it effectively your right to make personal backups of things under EU law? Or does this only apply to certain media/is it overridden in the UK? Log in to reply |
Copyright 30/03/2014 at 10:45 #58018 | |
welshdragon
![]() 315 posts |
Yes and no, On a personal use basis you can do as you see fit, so long as those maps never reach public domain.
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Copyright 30/03/2014 at 13:41 #58021 | |
kbarber
![]() 1779 posts |
I'd need to double check (m'learned friend has gone out) but I suspect you would be on dodgy ground here. I think I'm right in saying there is no general right to copy for personal use. The question of copies reaching the public domain is pretty much irrelevant to the (lack of) legal right. There are possibilities in the various copyright acts for copying for academic research under what's known as the 'fair dealing' provisions. But as this pretty obviously wouldn't be for academic purposes those provisions don't apply. I don't know if there is a right to make backups but, if there is, I think it would probably apply only to computer programs. Again, that doesn't apply here. I suspect there may not even be a right to make a backup; why would program developers include a specific provision allowing copying for backup purposes in their licence agreement otherwise? (You do read your licence agreement thoroughly before you install every piece of software don't you?...) On the other hand, copying for personal use would be pretty much undetectable in most cases, so enforcement would be difficult in the extreme. Unless I'm much mistaken, it's also true to say that copyright enforcement is a civil rather than a criminal matter. (In other words, you'd be sued rather than prosecuted and the penalty if you lost would be payment of damages - plus legal costs of course - to the copyright owner rather than payment of a fine to the state.) Even if an infringement were detected, the likelihood of legal action would relate to the level of damage that could be alleged to have been suffered. A photocopy of one page of an atlas that the infringer has already legitimately purchased wouldn't be worth much in damages. A court might decide they don't want to encourage that sort of legal action and award damages (and indeed costs) accordingly; I think it might even be open to them to award 'contemptuous damages' (such things have certainly happened in defamation cases) and make no order regarding costs. On the other hand a good barrister might convince them that allowing one person to do it now could open the floodgates and lead to large numbers of people who would've purchased two or more atlases only buying one; if that happened the court might well award substantial damages as a way of discouraging copying. If you think no-one will ever know you've made an infringing copy, and if you don't have a conscience that would nag you, then you can probably get away with it - but one should never assume that will always be true and if you did come unstuck it could be painful. You pays your money... Log in to reply |
Copyright 30/03/2014 at 14:42 #58022 | |
welshdragon
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Here's a link to UK Copyright Service's factsheet: Link Here is a selection of the fatcsheet, used under the CC-BY-NC (ND) license: Quote: Using the work of othersQuote:
Quote: What is fair dealing? Quote: How much of a work can I use under fair dealing? Last edited: 30/03/2014 at 14:43 by welshdragon Log in to reply |
Copyright 30/03/2014 at 15:41 #58024 | |
Peter Bennet
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And here's a link to the consolidated UK legislation as at 2007 produced by the Intellectual Property Office (part of BIS). Peter I identify as half man half biscuit - crumbs! Log in to reply |
Copyright 30/03/2014 at 16:06 #58025 | |
Danny252
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" said:There are possibilities in the various copyright acts for copying for academic research under what's known as the 'fair dealing' provisions.Where have you found the term "academic research"? I find it very had to believe that "academic" research is specially enshrined under law, but "normal" research isn't. In fact, I can't actually see a good way to distinguish between the two in a legal context! Does "academic" mean it has to be done in a university? That would unfairly discriminate against anyone in research institutes, industrial research. Does it have to be done as part of your job? There's a lot of research out there done by people in their free time (Einstein would be a classic example for some of his work!), but is this somehow "inferior"? (This is all an aside - you might even say it's a bit academic! - as the term doesn't appear in either of the guides linked to above this post) Last edited: 30/03/2014 at 16:19 by Danny252 Log in to reply |
Copyright 31/03/2014 at 12:48 #58067 | |
kbarber
![]() 1779 posts |
" said:" said:Sorry, bit of loose language. Tim often tells me I should say what I mean. (Hint: never try and argue with a lawyer...)There are possibilities in the various copyright acts for copying for academic research under what's known as the 'fair dealing' provisions.Where have you found the term "academic research"? I find it very had to believe that "academic" research is specially enshrined under law, but "normal" research isn't. This reminds me of a discussion at the local radio club when I used to dabble in amateur radio many years ago. The secretary was met with ribaldry when he stated (quite correctly, I should say) that we were a learned society! Log in to reply |
Copyright 31/03/2014 at 21:07 #58107 | |
clive
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" said:" said:The Act says "Fair dealing ... for the purposes of research for a non-commercial purpose" and "fair dealing ... for the purposes of private study".There are possibilities in the various copyright acts for copying for academic research under what's known as the 'fair dealing' provisions.Where have you found the term "academic research"? I find it very had to believe that "academic" research is specially enshrined under law, but "normal" research isn't. Log in to reply |
Copyright 31/03/2014 at 21:14 #58109 | |
clive
![]() 2826 posts |
" said:I don't know if there is a right to make backups but, if there is, I think it would probably apply only to computer programs. Again, that doesn't apply here. I suspect there may not even be a right to make a backup; why would program developers include a specific provision allowing copying for backup purposes in their licence agreement otherwise? (You do read your licence agreement thoroughly before you install every piece of software don't you?...)Copyright, Designs and Patents Act 1988 section 50A: (1) It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use. (2) For the purposes of this section and sections 50B, 50BA and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program. (3) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void). I can't find a right to backup electronic documents that aren't computer programs. Log in to reply The following user said thank you: kbarber |