What Copyright Means
Copyright
law means that the copyright holder owns the rights to the words they used, and
anyone else who uses them can be sued for insanely large amounts of money, or
prosecuted and sent to prison for a felony. The legal way to use the material on this website is to
provide the web address for the website itself. It is not legal to just copy the text onto some other website
or listserver or group, or even to email it to friends.
There are some urban legends going around
the internet about how copyrights work that if followed can lead to civil and
criminal liability. Relying on
some or other web page that cites the copyright statute and says it means you
can reproduce copyrighted materials if you don’t make money will subject you to
sanctions for wilful violation of the law, which includes treble damages PLUS
attorney’s fees. The damages are
how much money the copyright holder says they lost because of what you did –
you can end up paying millions and millions of dollars even if you didn’t make
a dime. You can also end up paying
hundreds of thousands of dollars in legal fees to the copyright holder even if
the court decides damages are only
a few dollars.
In addition to this, you could be
investigated by the FBI, prosecuted by the justice department, convicted of a
felony and sent to prison for 5 years and get a $250,000 fine. Then when you get out you can’t travel
outside your home country and will have a hard time getting a job.
Recent instances of people not realizing
that the law applied to them include the Minnesota woman who has to pay
$1,920,000 for file sharing songs, the Swedish website operators who will go to
prison for letting people share songs online, the German company fined
$34,000,000 for copyrighted material on its web hosting service it wasn’t even
aware of, and the many many people languishing in federal prison for pirating
popular DVD’s.
The bad news is that you can not cut and
paste material from this website beyond ‘fair use,’ and if you want to
understand what exactly fair use is under the law you need to draw a legal
conclusion based on studying and understanding case law which is best done by
retaining an attorney to do this for you.
That can cost several thousand dollars, but is cheap compared to what
could happen otherwise. Failing to
get that legal opinion would almost certainly result in a court deciding you
did not act in good faith and the copyright violation was wilful. Simply reading the copyright law
without analyzing actual cases has long since been ruled inadequate by the
courts.
The good news is that you can post a link
to any page on this site anyplace you want, any time you want, and there is no
copyright question. You don’t have
to cut and paste and put yourself at legal risk. Just provide a hotlink or web address (URL) to anything you
want to discuss on the net and you’re legal and safe!
© 2008
Andrew Hall Cutler, PhD PE