james at heaver.org
Wed Apr 30 16:36:57 UTC 2008
2008/4/30 Lisi Reisz <lisi.reisz at gmail.com>:
> On Wednesday 30 April 2008 16:45:00 Derek Broughton wrote:
> > That is not what copyright law says.
> Could you cite the exact references in the Berne convention on which you are
> relying? I am not conversant with its exact terms, tho' they are certainly
> not as clear cut as you are implying, anyhow as interpreted under the English
> law. (Note, I mean English, not British. An important distinction in Law.)
Article Nine, Paragraph One of the Convention for the Protection of
Literary and Artistic Works (Berne Convention):
(1) Authors of literary and artistic works protected by this
Convention shall have the exclusive right of authorizing the
reproduction of these works, in any manner or form.
The original posting wasn't plagiarism - He didn't claim to have
written it himself. It wasn't theft - Copyright infringement isn't
legally theft despite common rhetoric. It was, however, copyright
By reproducing the article without receiving authorization from the
assigned rights holder (in this case Associated Press, as stated in
the copyright notice), the original poster infringed said copyright.
There is nothing complicated or controversial here.
You may have your own opinion on the morality of the actions, or the
state of copyright law, but that doesn't make the act any less
> And do we in fact know whether the OP lives in a country which is signatory to
> the Berne convention, since that is clearly relevant here?
Its not just the Berne Convention, if the country has signed the WTO's
TRIPS agreement, or any number of other treaties then copyright will
apply. There are *very* few countries in the world where the OP
wouldn't be illegal. There are potential issues surrounding this
list, and any archives of this list being based in a berne signatory
Having said all that - no one will get sued over the OP, but good
etiquette and legality should be encouraged on a list such as this.
"Little choices make your world a little bit better"
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