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Subject: Re: Here's some Shock for all of You: It's Art!

Author: Robert Hyatt

Date: 09:18:11 04/06/03

Go up one level in this thread


On April 06, 2003 at 07:23:09, Uri Blass wrote:

>On April 06, 2003 at 03:53:34, Uri Blass wrote:
>
>>On April 06, 2003 at 01:53:08, Uri Blass wrote:
>>
>>>On April 05, 2003 at 23:01:41, Robert Hyatt wrote:
>>>
>>>>On April 05, 2003 at 04:14:07, Amir Ban wrote:
>>>>
>>>>>On April 04, 2003 at 22:26:02, Robert Hyatt wrote:
>>>>>
>>>>>>On April 04, 2003 at 16:58:31, Amir Ban wrote:
>>>>>>
>>>>>>>On April 04, 2003 at 13:36:23, Bruce Moreland wrote:
>>>>>>>
>>>>>>>>
>>>>>>>>Correct.  Also, I did not reproduce the emails in whole, instead I quoted from
>>>>>>>>them.  I had some interest in preserving the author's copyright.  If hairs are
>>>>>>>>split, it may be found that I was a little loose with this, but on the other
>>>>>>>>hand, the email to me also contained copyrighted material (the "art").
>>>>>>>>
>>>>>>>
>>>>>>>You are crazy if you are going to be defensive about this. I don't know where
>>>>>>>the posters of this newsgroup got the queer notion that publishing an email or
>>>>>>>letter you received is not legal, or a breach of copyright. It's not. A letter
>>>>>>>you received is your property to do whatever you want with it.
>>>>>>
>>>>>>This is actually wrong.  The author of the email actually holds the copyright
>>>>>>as the originally wrote it.  IE if I write a paper and send you a draft to
>>>>>>review you can _not_ publish it yourself.  This has been tested in usenet
>>>>>>newsgroups on more than one case.
>>>>>>
>>>>>
>>>>>Copyright and generally IP rights are about using or taking credit for something
>>>>>created by another. There's no such issue here. You can send me a nobel prize
>>>>>winning paper and if I post it here and say "Bob wrote me this" it's prefectly
>>>>>ok. You can ask me to keep it secret, but you'd better clear this with me before
>>>>>sending, because I don't have to agree.
>>>>
>>>>As I said, this is wrong.  When I write something _I_ and only _I_ hold the
>>>>copyright to that something.  And if you publish it, without my permission,
>>>>you are in violation of international copyright law.
>>>>
>>>>I've had to sit thru multiple presentations about this over the years, as it
>>>>is a critical point in internet procedures.  The main point of copyright law
>>>>is the _author_ holds the copyright and doesn't give it up unless he does so
>>>>in writing.  IE just because I send you something does not give you permission
>>>>to publish it, even crediting me, unless I specifically give you permission to
>>>>do so.
>>>>
>>>>This has gotten many people into great trouble over the years.  (not me
>>>>fortunately).
>>>
>>>I supsect that it may be dependent on the country that you live and what is
>>>legal in one country may be illegal in another country.
>>>
>>>I think that fair laws should not give the author of a letter copyright and
>>>everybody who get a letter should be allowed to publish it when he does not hide
>>>the source.
>>>
>>>The only exception is if the sides did an agreement that everything that is
>>>between them is secret.
>>>
>>>It is absurd if an enemy can send me letters and write things against me and
>>>later sue me if I publish the exact words.
>>>
>>>I believe that the rules in USA are not fair rules so they support this absurd.
>>>
>>>I am not a lawyer and I do not know the rules in Israel but I asked about them
>>>in a forum of law in Israel and I expect to get a response.
>>>
>>>Uri
>>
>>Here is a link for the law in Israel(in hebrew)
>>
>>http://www.tapuz.co.il/tapuzforum/main/articles.asp?id=434&art_id=7
>>
>>
>>chapter a(it is alef but I translate hebrew letter to english letters) explains
>>what is illegal to do against privacy:
>>
>>2.5 in chapter a says that copying a letter without agreement of the author is
>>illegal if the letter has no historic value.
>>Another case when it is legal to publish the content of the letter is in case
>>that 15 year passed from the writing of the letter.
>>
>>6 in chapter a says that if there is no real demage to the author there is no
>>right for the author to complain.
>>
>>Uri
>
>
>I understood the law wrong
>
>I see that it talks about a third side that publish the letter and not about a
>case when the person who got the letter published it.
>
>Here is another link
>
>I got this link as a response to my question in the relevant forum.
>http://www.tapuz.co.il/tapuzforum/archive/viewmsg.asp?id=145&msgid=12659522
>
>Translation of the link for english:
>
>branch 2(5) of the law forbid to copy a letter that was not supposed to be
>published without permission of the writer or the addressee.

I don't see how you get from the above (forbit to copy a letter that was not
supposed to be published without permission) to


>
>It means that usually publication of the letter is not against the law.
>exceptions are when there is agreement about secrets 2(8) or use of knowledge
>about private secrets of a person 2(9).
>


the above.

I believe that international law says that the author holds the copyright on
anything he writes.  And that the publisher has to have permission to publish
something he did _not_ write.  Anything else takes a huge chance...






>If the letter is a work of art then it is defended by the law that protects
>right of authors of work art but even in this case if it was published in order
>to criticize then it may be defended by 2(1)(i) of that law
>
>http://www.tapuz.co.il/tapuzforum/main/articles.asp?id=434&art_id=11
>
>Uri



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