[sword-devel] DSS (Biblical Dead Sea Scrolls based upon DJD translations)

[Brian J Dumont]

This argument would claim that we could reproduce *any* copyrighted work 
because someone *might* have a fair use claim to it. That's just silly. 
Your argument has nothing to do with the academic *source* of the 
material, just the intended use. But you have no idea how some random 
person downloading your module might use it.

In the act of passing on modules to individuals, we take upon ourselves 
a certain level of responsibility that they have the right to use it 
legally. Since we don't interrogate people to see if they have fair use 
rights, there is no possible way that we could publish copyrighted 
material without consent from the copyright owner. It's that simple.

Brian

On 11/08/2012 11:26 AM, Andrew Thule wrote:
> Matěj I have no intention.. here's why:
>
>
> The US definition of 'Fair Use':
> http://www.copyright.gov/title17/92chap1.html#107
>
>
>     § 107 . Limitations on exclusive rights: Fair use
>
> 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, isNOT 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;
>
>
> Here's the Canadian definition of 'Fair Dealing'
> http://laws-lois.justice.gc.ca/eng/acts/C-42/index.html
>
> *29.* Fair dealing for the purpose of research or private study does 
> not infringe copyright.
>
> *29.1* Fair dealing for the purpose of criticism or review does not 
> infringe copyright if the following are mentioned:
>
>  *
>
>     (/a/) the source; and
>
>  *
>
>     (/b/) if given in the source, the name of the
>
>      o
>
>         (i) author, in the case of a work,
>
>
> In both cases it's clear this isn't a case where permission is needed. 
> Moreover, with respect to 'Intellectual Property' both supreme courts 
> in N. America (Canada and US) uphold the so-called 'scholars' 
> convention' where once a text is published this implies consent on 
> behalf of the author to allow further use of the text, and thus 
> permission does not need to be obtained to use the text further, nor 
> is there need to engage copyright.
>
> When Geza Vermes wrote "The Complete Dead Sea Scrolls in English" as a 
> book (which was a commercial venture) he certainly didn't approach 
> each scroll translator (some of whom were already dead) and obtain 
> consent, and the translations that weren't his constituted the bulk of 
> the book.
>
> The expectation that I need to individually approach each separate 
> translators (separately) and obtain consent is unwarranted and 
> unrealistic and not necessary according to the body of Copyright law 
> I'm familiar with. If it's not this way in Europe, I can only express 
> my gratitude I don't live in Europe.
>
> ~A
>
>
>
> On Thu, Nov 8, 2012 at 1:14 AM, Matěj Cepl <mcepl at redhat.com 
> <mailto:mcepl at redhat.com>> wrote:
>
>     On Wed, 2012-11-07 at 22:56 -0500, Andrew Thule wrote:
>     > Clearly I have no commercial interest in offering this module to
>     the list
>     > for QA. Clearly the translators who have offered their work to
>     DJD did so
>     > in an academic / research framework (making them available to
>     the broader
>     > audience), and their translations are often reused and cited
>     outside of
>     > DJD. I am not passing off their work untransformed or as my own.
>
>     Then you shall certainly has no problem to get their express consent
>     with the publication of their work, right?
>
>     Blessings,
>
>     Matěj
>
>     --
>     http://www.ceplovi.cz/matej/, Jabber: mcepl<at>ceplovi.cz
>     <http://ceplovi.cz>
>     GPG Finger: 89EF 4BC6 288A BF43 1BAB 25C3 E09F EF25 D964 84AC
>
>     See, when the GOVERNMENT spends money, it creates jobs; whereas
>     when the money is left in the hands of TAXPAYERS, God only knows
>     what they do with it. Bake it into pies, probably. Anything to
>     avoid creating jobs.
>     -- Dave Barry
>
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