Photocopies of articles

[Rene Schweitzer]

A friendly reminder: photocopying and otherwise distributing articles from the pages of Garden Railways is illegal. If you have a need to photocopy articles from our pages, please contact either editor Marc Horovitz or associate publisher Terry Thompson. We do grant permission to copy our articles on a case-by-case basis (usually, for things such as club or school use).

We aren't trying to single out our readers. Most of you are probably aware that it's illegal to photocopy nearly any publication without permission.

The ONLY exception within our pages is the pullout plan in the middle of the magazine. There's a printed statement on those pages that allows modelers to make copies at home or a copy shop. . but only for their own personal use.

If you have questions or concerns, please email me.

Rene

[Capt Bob Johnson]

Why? Remember, these people need to make a living to support thier railroads too; that's thier business!

[Anonymous]

QUOTE: Originally posted by Rene S

A friendly reminder: photocopying and otherwise distributing articles from the pages of Garden Railways is illegal. If you have a need to photocopy articles from our pages, please contact either editor Marc Horovitz or associate publisher Terry Thompson. We do grant permission to copy our articles on a case-by-case basis (usually, for things such as club or school use).

We aren't trying to single out our readers. Most of you are probably aware that it's illegal to photocopy nearly any publication without permission.

The ONLY exception within our pages is the pullout plan in the middle of the magazine. There's a printed statement on those pages that allows modelers to make copies at home or a copy shop. . but only for their own personal use.

If you have questions or concerns, please email me.

Rene

Could I, for example, scan my GR's and save them on a CD as a back-up copy in case a certain wife want to throw them away?

I have not done this, but I actually crossed my mind earlier today.

[Rene Schweitzer]

Capt,

Technically, no. Even if you could, it would be a lot of effort--scanning each page individually and burning to CD would take an incredible amount of time. . not to mention CDs!

We're looking into offering entire issues digitally here. The technology is coming where we can save more in less space. We're in the early planning stages, but it's at least a start.

[Anonymous]

IT LOOKS LIKE RENE is working over time today , or she must be making up a snow day. [:D] ben

[Anonymous]

USA Federal law fellow modelers.

mikadousrp

[SandyR]

Just curious, what about out-of-print issues? (No longer available as back issues)
SandyR

[Rene Schweitzer]

Sandy,

No, sorry. We retain the copyright even if the issue is out of print. (That's why we file each issue with the Register of Copyrights office)

[SandyR]

OK! I just wondered...
SandyR

[Anonymous]

So that's my sideline business gone of selling cheap copy mags! Back to the cheap copy CD's and DVD's, easier to do anyway!
Cheers,
Kim
[tup]

[kstrong]

Just a technical note --copying excerpts from publications "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." (Title 17 USC, Chapter 1, §107). www.copyright.gov . This is commonly referred to as the "Fair Use" doctrine.

This section does not allow for the sale of the material, nor does it specifically allow for distribution except where noted. (classroom use or news reporting) In general allows only for small excerpts of large works such as books, magazines, or motion pictures. It does protect individuals who wi***o copy an article from a magazine for their own personal research purposes. It's this "fair use" that allows you to go to the library and copy an artice out of a 1992 issue of Newsweek. You can't take the entire article and then post it on-line, but you are allowed to copy it for reference.

I work in TV news, and deal with fair use issues fairly regularly. I'm also a columnist for Kalmbach, so I also share their desire and legal right to protect their publications. If someone sets up a tent with a copy machine and a stack of Garden Railways magazines, clearly that's infringement. If someone copies an article word-for-word, or posts a photo from the magazine to the web, then that's infringement. But the law does allow individuals to make a copy of a magazine article for personal use without fear of infringing upon copyright.

I'm not debating Rene's statement. Duplication and distribution is infringement, and it is illegal to copy a publication without permission. Financial gain from doing so? You bet your butt that's infringement, and on the level that will not only get you a civil suit, but criminal charges as well. But with any law, there's a loophole. §107 is the loophole in copyright law. It's very limited, and very specific in scope, but it does exist to protect the individual wishing to do a little research, teaching, or public commentary.

Later,

K

[Anonymous]

Rene,

I would pay for an "On Line" or electronic issue of GR. Imagine all of us threadsters getting an electronic copy of GR! It would save on prining and shipping costs. There could be significant contributions made by threadsters...

The only think i would fear of such a thing are the various pirates! Arrrr! [oX)]

[Rene Schweitzer]

Kevin,
You make a good point, and being in your business, you certainly need to be aware of these things. Thanks for clearing it up. And Capt, we are looking into digital issues. The technology for compressing more information into less space is getting better and better.

Rene

[vsmith]

OK to throw some gasoline onto the Bonfires of the Vanities here...

By your definition, if I xerox a set of plans that are part of a published article, not a pull out, like in Model Railroader or the Gazette, because they are say in HO and I blow them up to 1/20, technically I'm illegally copying a published article and subject to the secret publishing police knocking my doors down and arresting me for copyright violations..

Uh Oh... I better burn those Porter plans I snitched from the Gazette.....[:O][%-)][:-,][D)]

[SandyR]

I remember this one from my graduate days: "If you copy from one article, it's plagiarism; if you copy from ten articles, it's research." LOL
SandyR

[kstrong]

Vic, no not at all. Copying plans out of a magazine to use as a reference source in building a model falls under fair use, the same as copying a "how-to" article to post on your workbench so you don't trash your magazine during construction. Such use is deemed "research," and is protected.

Copyright laws don't exist to keep people from making copies of things. They exist to protect the value of a created work. In most cases, that's done best by prohibiting the unauthorized copying and distribution of a created work. What the fair use exclusion says is basically that there are instances where making a copy of something in no way diminishes the value of the original work, nor does it financially injur the creator. Under those circumstances, making a copy is perfectly acceptable.

We'll use your signature as an example. Each of the Hitchhiker's Guide quotes come out of a book that is protected by copyright. Yet, you are not infringing on the copyright by quoting them. By quoting a small excerpt, you are not diminishing their sales, nor in any way lessening the value of the book. You are not claiming ownership, and you stand to gain absolutely nothing from quoting the book. By quoting them in your sig file, you are using them to making a comment. The publisher will not be sending you a "cease and desist" notice anytime soon. (Quite the opposite; with the film coming out, you should send them a bill for advertising. [;)]) Now, if your sig file was the entire text of chapter 3 of the book, then there'd be a problem. If you merely made a photocopy of chapter 3 in order to make it easier to read, or to make notations on while you're reading it for whatever reason, you'd be well within the protection of fair use. The difference is that your sig file is "distributed" because it's posted to the web, while your paper copy that you highlight or read in the bathtub is not.

Tangentially, copyright laws also allow those with disabilities (or those caring for them) to make copies to compensate for their disabilities. So, as long as you're nearsighted, and enlarge the plans from HO to 1:20, you're covered! [:D] (Sorry, Rene. Had to work a joke in somewhere!)

Later,

K

[toenailridgesl]

Rene, interesting points. So where do I stand regarding posting pix of Ted Stinson's plans when I run my scratch-building classes? The plans have a waver re copying for personal use but.....
While we're on that subject, at least 5 times per week I get an e-mail from some-one (usually a participant of this forum that knows I have just about all of the GR plans) requesting a copy that Marc no longer has for sale....can I send them a copy or will I anticipate a knock on the door from the plans-police, planning on taking me for a scrape 'round the block to see Dinsale or Doug? (Non-Monty Python fans, please drop out here....)

[Rene Schweitzer]

Phil, I don't see any problem with you posting pics/etc. on the forum. You are providing a service _using_ the plans. You're not selling anything, only using them for educational purposes. That's ok.

As for the email requests, that I'm not sure about. Why don't you drop Marc an email and pose that question to him?

[Anonymous]

Rene, Kevin,

With each and every issue I am one of those who devours every issue, and I have watched Kevin grow since my early days with the Washington, Virginia, Maryland Garden Railway Society and following his dad Jim around their magnificent layout at their Maryland home. I get a lot of enjoyment from seeing what the younger set is doing and the skills they are doing it with. I know that this hobby will continue long after us old timers are gone.

What I take as an issue far worse than the copying, which a lot of folks do out of ignorance, is the outright theft of an article. Having authored over 200 artticles myself for both online use and the Aristo Craft Insider, it is quite alarming to get a curtesey copy of a clubs newsletter and see something that I had written two or three years ago show up with someone else's name as the author. They even left in a couple of errors that I made in the original article, just copied it word for word.

Had they asked for permission to use it, it would have been granted without hesitation as I am sure that Garden Railways has done on ocasion. It's just sometimes good business to do this so folks can see the real source of the information and it's free advertising.

I contacted the individual who was representing himself as the author of the article, and the Editor of the newsletter who was horrified unitl he found out that I was not interested in sueing them just getting it corrected. The individual who claimed to be the author actually defended his position that he was the author until I made it known to him that I had the original printed copy of the article as well as the original photographs. I will complement him on one respect his photo work was much better than mine but then digital camers have come a long way in the past four years.

This is also another reason I try to read every issue from cover to cover, on several occasions I have had to contact George Schreyer and ask him for persmission or advice on useing some verbage from his web site. When doing something that is technical it is so ofter pretty easy for two people to take the same path that we all have to watch this closely.

Keep up the good work and keep the articles on standard gauge comming!

Ron

[vsmith]

QUOTE: Originally posted by toenailridgesl

Rene, interesting points. So where do I stand regarding posting pix of Ted Stinson's plans when I run my scratch-building classes? The plans have a waver re copying for personal use but.....
While we're on that subject, at least 5 times per week I get an e-mail from some-one (usually a participant of this forum that knows I have just about all of the GR plans) requesting a copy that Marc no longer has for sale....can I send them a copy or will I anticipate a knock on the door from the plans-police, planning on taking me for a scrape 'round the block to see Dinsale or Doug? (Non-Monty Python fans, please drop out here....)

"Dinsdale was a perfect gentleman!, and what's more he knew how to treat a female-impersonator!..."


Phil, be careful, Spiney Norman is looking for you....he want his plans back for "the Other Other Operation"

[Chompers]

about the digital isue,

Maybe if you print a pasword an the inside of the front cover, different for every one, then the people could go to garden railways and enter there pasword then they could axcess there copy of garden rail ways. also you would have to register you pasword (on front cover) that way people couldn't share. you would get your money and we would be happy.

would that be legal and would it work?

just thinking

[SandyR]

I'd still want my hardcopy, though! I can't curl up in the couch with my computer and dog!!!
SandyR