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Saturday, February 9, 2008

Hello Ladies, I know that I have been MIA for a while now, sorry for that. I will not bore you with the details, but I am back for as long as I can be.
Well anyway, after noticing Candy's CopyScape Page Protection Banner on her blog I did some research on copyright laws and I found this:

United States Copyright Office
107. Limitations on exclusive rights: Fair use40
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

So after reading this section of the copyright code of the United States can someone tell me why someone such as Candy would put that on her blog? The only answer that I can come up with is that Candy does not want us to copy her words and is trying to scare us into not copying her, but if you read the above section of the copyright law then you can plainly see that we are using her words for purposes such as criticism, comment, news reporting, teaching , scholarship, and research. Just my 2-cents but something that I was very curious about because I see this anti-copying thing popping up EVERYWHERE on blogs these days.
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4 comments:

Milehimama said...

Actually, I know a lot of bloggers with that. People who want to up their traffic often create false "blogs" with blogrolls that include the website they want to promote. They'll lift entire posts straight copy and paste to fool the search engines.

It happened to me just last week on my post about the bad spinach pasta recipe.

Tracy said...

I agree Erika, we are not using her words to pretend we are actually her posting on this blog or trying to say that we wrote those words, we are posting sections of what she say's and replying to them.. that is not copy write protected and the day Candy shells out the major big time bucks to sue the lot of us.... good luck! I'm not even slightly worried.. we are not doing anything wrong at all, of course it is a scare tactic... but doesn't scare me.

Maggii said...

To be honest, she seemed to put that on right after that one fake Candy blog was started where her entire posts were being copied each day. I think that is what her copyright thing was about.

OTOH I'm not sure she has any real legal recourse even if she has that on her blog.

Milehimama said...

It's not for legal recourse, but a way to find out if you are being plagiarized, I think.