[DeTomaso] Fw: [#HL-V7138] Copyright ownership of posts to Internet Forum???

Ken Green kenn_green at yahoo.com
Sun Jun 26 17:28:55 EDT 2016



   First, the email that got this started was from June 9th, it is not a new additional email.
Around that time I sent and email to the Electronic Frontier Foundation which is specifically into similar issues:
Electronic Frontier Foundation
I apologize, but I sat on their reply for a couple weeks.   There are links for anyone having the time and inclination.  Because they specialize in this area, it is likely that the links are to current law.
I think a major point is that everyone on the forum was aware that it is expected that people will reply, and the original post will be repeated.  Additionally, I'm pretty sure Mr. Shortt replied to many posts, and thus reposted others material. 
Ken


----- Forwarded Message -----
 From: "info at eff.org" <info at eff.org>
 To: kgreen at averillandgreen.com 
 Sent: Tuesday, June 14, 2016 3:44 PM
 Subject: Re: [#HL-V7138] Copyright ownership of posts to Internet Forum???
  
Hi Kenneth,

Thanks for writing to us! You may find the following links helpful:

http://www.dmlp.org/legal-guide/risks-associated-publication
http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content
http://fairuse.stanford.edu/overview/website-permissions/transferring-information/

Additionally, you may want to look into fair use of copyrighted material as well. Here are some resources:

https://www.eff.org/issues/bloggers/legal/liability/IP
http://www.dmlp.org/legal-guide/fair-use
http://fairuse.stanford.edu/overview/fair-use/four-factors/#educational_fair_use_guidelines
http://www.copyright.gov/fls/fl102.html
http://www.teachingcopyright.org/handout/fair-use-faq

Hope this helps!

Best,

Electronic Frontier Foundation
(415) 436-9333
info at eff.org
Become a Member! https://www.eff.org/support

On Thu, 09 Jun 2016, kgreen at averillandgreen.com wrote:
> Hi,
>    I do patent and trademark prosecution, very little copyright work, and
> no litigation.  I am on a car related Internet forum, and a problem has
> developed due to a member who recently became president of a national
> organization, the Pantera Owners Club of America (POCA), and has become a
> bit of a tyrant.  He had made some pretty bad posts in the past years,
> some fairly racist, and has asserted that his old posts are protected by
> an implied copyright and that reposting or forwarding them infringes his
> copyrights, and has threatened legal action.  He has similarly emailed
> members of the forum with pretty raunchy language, and demanded that his
> emails are not posted.  The forum is non-profit and the manager is
> not paid for his effort, no member fees, and had not even allowed us to
> compensate him for costs he has incurred for maintaining the forum.  I
> don't think the manager monitors posts, and they are immediately posted. 
> He just provides the medium for communication.     Can you please point me
> to the current law regarding ownership of private email, posts to internet
> forums and/or bulletin boards?  I am not getting paid anything for this
> and am just trying to help the guy who is managing the internet forum.
> Thank you, Kenneth L. Green Attorney At Law AVERILL & GREEN 14831 Whittier
> Blvd.Suite 206 Whittier, CA 90605 (562) 698-8039 (voice) (562) 693-5243
> (FAX) CONFIDENTIALITY This e-mail and its attachments are confidential and
> may be protected by the attorney-client privilege, attorney work product
> doctrine, or other nondisclosure protection. If you believe that it has
> been sent to you in error, you may not read, disclose, print, copy, store,
> or disseminate the e-mail or any attachments or the information in them.
> Please kindly reply to the sender that you have received the message in
> error, and then delete it. Thank you.



   

  
-------------- next part --------------

   First, the email that got this started was from June 9th, it is not a
   new additional email.
   Around that time I sent and email to the Electronic Frontier Foundation
   which is specifically into similar issues:
   [1]Electronic Frontier Foundation
   I apologize, but I sat on their reply for a couple weeks.   There are
   links for anyone having the time and inclination.  Because they
   specialize in this area, it is likely that the links are to current
   law.
   I think a major point is that everyone on the forum was aware that it
   is expected that people will reply, and the original post will be
   repeated.  Additionally, I'm pretty sure Mr. Shortt replied to many
   posts, and thus reposted others material.
   Ken
   ----- Forwarded Message -----
   From: "info at eff.org" <info at eff.org>
   To: kgreen at averillandgreen.com
   Sent: Tuesday, June 14, 2016 3:44 PM
   Subject: Re: [#HL-V7138] Copyright ownership of posts to Internet
   Forum???

   Hi Kenneth,
   Thanks for writing to us! You may find the following links helpful:
   [2]http://www.dmlp.org/legal-guide/risks-associated-publication
   [3]http://www.dmlp.org/legal-guide/protecting-yourself-against-copyrigh
   t-claims-based-user-content
   [4]http://fairuse.stanford.edu/overview/website-permissions/transferrin
   g-information/
   Additionally, you may want to look into fair use of copyrighted
   material as well. Here are some resources:
   [5]https://www.eff.org/issues/bloggers/legal/liability/IP
   [6]http://www.dmlp.org/legal-guide/fair-use
   [7]http://fairuse.stanford.edu/overview/fair-use/four-factors/#educatio
   nal_fair_use_guidelines
   [8]http://www.copyright.gov/fls/fl102.html
   [9]http://www.teachingcopyright.org/handout/fair-use-faq
   Hope this helps!
   Best,
   Electronic Frontier Foundation
   (415) 436-9333
   [10]info at eff.org
   Become a Member! [11]https://www.eff.org/support
   On Thu, 09 Jun 2016, [12]kgreen at averillandgreen.com wrote:
   > Hi,
   >    I do patent and trademark prosecution, very little copyright work,
   and
   > no litigation.  I am on a car related Internet forum, and a problem
   has
   > developed due to a member who recently became president of a national
   > organization, the Pantera Owners Club of America (POCA), and has
   become a
   > bit of a tyrant.  He had made some pretty bad posts in the past
   years,
   > some fairly racist, and has asserted that his old posts are protected
   by
   > an implied copyright and that reposting or forwarding them infringes
   his
   > copyrights, and has threatened legal action.  He has similarly
   emailed
   > members of the forum with pretty raunchy language, and demanded that
   his
   > emails are not posted.  The forum is non-profit and the manager is
   > not paid for his effort, no member fees, and had not even allowed us
   to
   > compensate him for costs he has incurred for maintaining the forum.
   I
   > don't think the manager monitors posts, and they are immediately
   posted.
   > He just provides the medium for communication.     Can you please
   point me
   > to the current law regarding ownership of private email, posts to
   internet
   > forums and/or bulletin boards?  I am not getting paid anything for
   this
   > and am just trying to help the guy who is managing the internet
   forum.
   > Thank you, Kenneth L. Green Attorney At Law AVERILL & GREEN 14831
   Whittier
   > Blvd.Suite 206 Whittier, CA 90605 (562) 698-8039 (voice) (562)
   693-5243
   > (FAX) CONFIDENTIALITY This e-mail and its attachments are
   confidential and
   > may be protected by the attorney-client privilege, attorney work
   product
   > doctrine, or other nondisclosure protection. If you believe that it
   has
   > been sent to you in error, you may not read, disclose, print, copy,
   store,
   > or disseminate the e-mail or any attachments or the information in
   them.
   > Please kindly reply to the sender that you have received the message
   in
   > error, and then delete it. Thank you.

References

   1. https://www.eff.org/
   2. http://www.dmlp.org/legal-guide/risks-associated-publication
   3. http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content
   4. http://fairuse.stanford.edu/overview/website-permissions/transferring-information/
   5. https://www.eff.org/issues/bloggers/legal/liability/IP
   6. http://www.dmlp.org/legal-guide/fair-use
   7. http://fairuse.stanford.edu/overview/fair-use/four-factors/#educational_fair_use_guidelines
   8. http://www.copyright.gov/fls/fl102.html
   9. http://www.teachingcopyright.org/handout/fair-use-faq
  10. mailto:info at eff.org
  11. https://www.eff.org/support
  12. mailto:kgreen at averillandgreen.com


More information about the DeTomaso mailing list