copyright- fair use or infringement?

[Brian Gilbert]

This question is about newsletters and reprinting articles. I edit a newsletter for a statewide chapter of a national blacksmithing organization. Our chapter is fairly independent of the national organization, and is a 501c3 corp. There are similar chapters all over the country, and most publish their own newsletter. These are exchanged and are frequently copied from without written permission, but the author and source are credited. Thus, articles written in NY could turn up in several local blacksmithing newsletters.

Is this infringement or fair use? Our organization is primarily educational, though these articles are commonly used for monetary gain. The articles seem to me to be treated as though they are in the public domain, but doesn't public domain status need to be specifically declared?

I know that this is a complex question, but I'm stumped. Thanks for your time.

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Brian Gilbert
Editor, The Hammer's
Blow

 

[I AM ALWAYS LIABLE]

My response:

Actually, it's really a good question with a simple answer.

Anytime you print and disseminate something, like an article, it automatically comes under the copyright law. Despite the fact that someone asks you for re-print authority, doesn't give them the right to make money off of your blood, sweat, and tears without sharing in the profit. Therefore, when giving permission in the future, always tag on the permission the following caveat:

"Permission will be granted only on the proviso that if money is to be made from your use or sale of my said article, then you promise to share such profits with the author on a 50/50 basis, or if not agreed to in writing by you, then permission is hereby immediately withheld and withdrawn."

At the same time, you should first send a "nice" letter to the copyright infringer, and remind them that the article is yours, and that next time, you'd appreciate them obtaining permission for use, especially if they use your writings to sell their periodical. After that, get tough.

Good luck.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited May 03, 2000).]