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 Post subject: Your copyright rule
PostPosted: Friday 17 December 2010 11:54:09pm 
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First Year Student in Witchcraft and Wizardry

Joined: Wednesday 15 December 2010 2:26:13am
Posts: 11
I was wondering if you are familiar with the Fair Use policy in the copyright law? I'm guessing not, as you're gone this extreme on blocking everything copyrighted material from here to protect this wonderful forum.

Quote:
Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use". Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.


There's actually an official World's Fair Use Day dedicated to celebrate that policy! Don't get me wrong, I respect your will to stay completely out of any ccopyright law breaking or association in it, but if the reason is only to protect this forum from getting closed down, you can relax and take a few steps back without a care in the world. Hurray for Fair Use!

That fair use policy is the reason why even huge, best known non-profit fan sites such as The Leaky Cauldron and MuggleNet are using graphics made out of movie stills from Harry Potter movies and photos of famous people - yet the copyright holders of the used pictures have not torn the sites down or asked them to pay anything.

Also, please take note that since the companies do not give a rat's butt about huge, best known fan sites using actual pictures, fan sites that by the way have been advertised with screenshots in a legally published, profit book - thus they certainly won't give rat's butt about some small, relatively unknown forum including avatars using copyrighted pictures or including links to non-profit sites using them.

That's why the Fair Use policy exists in the law; so that we wouldn't need to go this extreme in protecting our beloved sites.

I wish to ask if you could possibly consider allowing at least links to non-profit (fan) sites? Just the links, no one would be posting anything illegal to this actual forum.

If sites have been closed down it's been because they were profit without permission or didn't have appropriate credits and disclaimers on them. Allowing links to non-profit sites would not have this forum breaking any laws - the Fair Use policy makes it so.

What do you say? (:


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 Post subject: Re: Your copyright rule
PostPosted: Saturday 18 December 2010 2:51:33pm 
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Supreme Commander of Wizarding Monkeys
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Joined: Tuesday 20 May 2008 12:35:22pm
Posts: 1837
Location: Behind you!
See, while you make a valid point, and while paul I am not, I'm pretty sure it's the forum host's rules (as in, the people who made this forum style), not ours.


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 Post subject: Re: Your copyright rule
PostPosted: Saturday 18 December 2010 7:03:28pm 
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First Year Student in Witchcraft and Wizardry

Joined: Wednesday 15 December 2010 2:26:13am
Posts: 11
Do you mean phpBB.com's TOS? "You agree not to post any...material that may violate any laws be it of your country, the country where “phpBB.com” is hosted or International Law."?

But take note that the Fair Use is a completely official and functional part of the Copyright Law, and thus also phpBB must and apparently does regard;

1.) Countless users at phpBB Support Forum are using avatars of copyrighted pictures, apparently without any trouble. In example; here are Homer from The Simpsons and even Yoda from Star Wars. On other topics I've seen lots of more The Simpsons and Futurama avatars and even a Lady and the Tramp avatar.

So guess what, phpBB.com doesn't care as long as the use of them is non-profit. Because they know about teh Fair Use policy. And they certainly won't mind links to non-profit sites as they don't mind those avatars on their supposrt forum. (:

2,) I haven't heard of any non-profit phpBB forum being closed down if they have their copyright credits and disclaimers properly up when using copyrighted material. On the contrary, countless of phpBB forums prove it perfectly acceptable by the host, by having safely and happily existed for years and years without this kind of prohibition rule. The phpBB host would've taken a loud and massive action by now if they gave a rat's butt about avatars and links with correct credits and discleimers.

And again, just linking to non-profit stuff isn't the same as posting copyrighted material in any shape or form. As the link isn't the copyrighted material while it is the only thing that's being posted. I'm not a lawyer of course, so I may be wrong about that but you can't deny that's common sense. What's behind the link may be copyrighted, but as said, if it's non-profit and disclaimers up, it isn't harmful because the Fair Use policy exists as an official part of the law.

You can give this forum's users the normal freedom, the freedom the rest of the world is enjoying with the lovely Fair Use policy. Will you, please, seriously consider this?

I bet I'll enjoy this place anyway as this seems like a very nice forum - I'm still talking on this simply because your copyright rule is unnecessary as I think I've pretty validly proven now. And I'm also thinking this place would get remarkably more colourful and even more pleasent if users didn't have to keep from posting fan made avatars and interesting site links that they have been safely posting everywhere else. Because, you know, people like movie avatars and fan sites. Fan sites tend to be also educational, which makes them have two points in favor or Fair Use. (:

But, your forum, your call and I respect whatever it is. All I'm asking is that you seriously reconsider to back off with your prohibition. Thanks! (:


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 Post subject: Re: Your copyright rule
PostPosted: Saturday 18 December 2010 7:21:07pm 
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First Year Student in Witchcraft and Wizardry

Joined: Wednesday 15 December 2010 2:26:13am
Posts: 11
*reads latest post again* ...Aaand I hope I didn't come off as disrespectful or anything such with the above post. :( As a highly creative and passionate fan/artist soul, I just react strongly on prohibitions that aren't needed and are limiting something creative. Offense/disrespect was not my mean, so my sincere apologies if I came off as such. :eek:


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 Post subject: Re: Your copyright rule
PostPosted: Monday 20 December 2010 12:17:26am 
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Hufflepuff Prefect
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Joined: Wednesday 11 September 2002 1:25:07pm
Posts: 6570
Location: Pretending to be a sea slug with 'go faster' stripes...
I beleive Paul is extra careful due to past experience on another forum or website, given he is currently having some small technical issues with his account though you may have to wait a while untill you get a real answer on this as I can't remember (don't think I ever knew in great detail anyway).


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 Post subject: Re: Your copyright rule
PostPosted: Monday 20 December 2010 10:59:49pm 
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Minister of Magic and Headmaster of Hogwarts
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Joined: Monday 5 November 2001 1:00:00am
Posts: 3070
Location: Ministry of Magic and Hogwarts School of Witchcraft and Wizardry, England
Hello VampireOutlaw and welcome to BaO :welcome: . You raise some interesting points.

After yesterday's technical difficulties of mine, I'm not sure if I'm going to be able to give a good reply tonight either as I seem to have become a bit sniffly (possibly the winter weather here in England) but I'll try to reply in the next day or two. Sorry for the delay meanwhile.


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