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Copyright Rules

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  • Member since
    November 2004
  • From: Upstate New York
  • 31 posts
Copyright Rules
Posted by bgrossman on Monday, March 14, 2005 3:05 PM
I note a lot of discussion about copyright rules when someone asks for assistance obtaining an article from, say, an old Model Railroader. When I was still working as a chemist (I'm retired), there was no question from libraries that I could make single copies from journals, books, etc. Multiple copies distributed to other people was clearly a no-no.

I can also go to my local public library any copy anything for my use as above using their provided copy machine.

While Model Railroader provides a very valuble service to the hobby by offering to copy, I doubt that any copyright rule is broken if someone makes single copies from old issues.

I would like to hear Model Railroader's views on the above, as well as any hobbist who might moonlight as a lawyer or librarian.

Bernie
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Monday, March 14, 2005 4:15 PM
I wear many hats including book seller and book review editor but I am neither a lawyer nor a librarian. I am, however, currently involved in obtaining rights to use certain copyrighted material and trademarks in my business and have done a bit of research on how best to stay out of civil court by respecting copyrights.

Generally, a library may make single copies of copyrighted works for a patron providing it is for their personal use under certain conditions. The main condition being that it not be used "for any purpose other than private study, scholarship, or research." As you said, multiple copies for distribution are not permitted under the "fair use" provisions. Nor might a single copy be permitted if it is to be used for commercial purposes.

There are a few lawyers here that might see this thread and put some meat on it.

Wayne
  • Member since
    April 2003
  • 305,205 posts
Posted by Anonymous on Monday, March 14, 2005 4:50 PM
QUOTE: Originally posted by bgrossman
While Model Railroader provides a very valuble service to the hobby by offering to copy, I doubt that any copyright rule is broken if someone makes single copies from old issues.


Ooooh! Now you're gonna get in trouble! You aren't even allowed to read MR over someone else's shoulder - it is forbidden!

Go directly to jail, do not pass go!

Bob Boudreau
  • Member since
    March 2005
  • From: Lone Star State
  • 404 posts
Posted by bcawthon on Monday, March 14, 2005 10:02 PM
Oh, Bob - Now you've gone overboard again. The Kalmbach Kops will not come busting down your door if you make a copy of an article, whether it's from an out-of-print past issue or the lastest issue on the stand at your LHS.

Making a copy for personal, non-commercial use is protected in the U.S. by what is called "fair use." In fact, this is what allows a public library to exist. In the old days, before the Internet, it also allowed you to make a copy of an order form in a magazine or a copy of a news item to mail to a relative or friend.

Fair use also allows your model railroad club to keep all those back issues of MR or the NMRA Bulletin (or, sigh, "Scale Rails") for members to use as a reference. In addition, fair use allows brief portions of a copyrighted work to be used in editorial material, as in a book review or as a quoted source, without prior permission or compensation.

In its simplest form, copyright is intended to protect the person who creates a work from having it reproduced for commercial sale without compensation or from having another person take the work and claim it as their own.

However, I will note I very much appreciate Model Railroader's copy service. Not only is it fully legal, it's downright handy to have. And I speak as one who has used it.

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