Lots of confusion here. This disclaimer means nothing. Only the copyright owner
has the right to grant permission unless it is in the public domain. I doubt
that this article is.
It is the dissemination of the material to anyone else that is the copyright
violation. Technically, the violation occurred when the article was posted to
the group.
Each time it is downloaded is another violation. Only this time the violation
is by the CBQ group. You can only reproduce copyrighted material for your own
use. You can't give it to your buddy. You can't hand it out. The fact you can't
find the copyright owner doesn't matter.
Now, we are assuming that the copyright is still valid. And it most probably
is. Almost every magazine article receives some copyright protection beyond its
publication date.
All railroad magazines are infamous for claiming copyrights. Many of the early
magazines were bought or merged into magazines that are still in existence.
Railway Age is still in existence. It is a very treacherous slope. The burden
of proof is on you to prove that you didn't infringe. The copyright owner does
not have to prove the violation.
A general safe rule of thumb is 75 years backward from today's date. And then
you better be darn sure that you are right.
And then still go get permission.
I have to agree with Norm on this one. Go get written permission. And pull the
article until you do.
Randy Danniel
-- In CBQ@yahoogroups.com, "mark.g92753" <markg99051@...> wrote:
>
> Sorry, I should have included a disclaimer.
>
> Please note that the article was being posted only for non-profit educational
> and research purposes and not to be used for any commercial purpose. That the
> purpose of reprinting the article is to stimulate creativity for the
> enrichment of the general public, and not intended to supersede the objects
> of the original for reasons of personal profit.
>
> Finally,there is no intention or reasonable expectation that reprinting the
> article will infringe upon the copyright owner's ability to exploit the
> original work. Nor is there any reasonable likelihood that sharing the
> article will harm the copyright owner's market.
>
> Users agree that by downloading the article, they will abide by the
> limitations for fair use and not convert the material into commercial use, in
> violation of any applicable copyright laws.
>
------------------------------------
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