Quotes website: Defending and Legally Establishing -- an Update

by Quotes 101 Replies latest members private

  • RescueMe
    RescueMe
    I would like to know if those older publications really are covered by copyright.

    This is what I found:
    Scope of Copyright Protection

    Copyright protection generally gives the owner of the copyright the exclusive right to do the following:

    • To reproduce the work;
    • To prepare derivative works based upon the work;
    • To distribute copies of the work to the public;
    • To perform the work publicly;
    • To display the copyrighted work publicly, and;
    • In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

    The owner may also authorize others to exercise these rights.

    For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

    However, there are some very important limitations on the reach of copyright protections. The first and most important is the doctrine of fair use, which allows others to use portions of copyrighted works for purposes such as reviews, commentary, news and scholarship. Second, items which are not copyrightable, such as titles, names, common facts and ideas are not protected. Third, some works are in the public domain and may be used by anyone. This includes works where the copyright has expired.

    How long does copyright protection last?Works Originally Created On or After January 1, 1978 - For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

    Works Originally Created Before January 1, 1978, But Not Published or Registered By That Date - For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years, but in no case will expire earlier than December 31, 2002. If the work is published before December 31, 2002, the term will not expire before December 31, 2047.

    Works Originally Created and Published or Registered Before January 1, 1978 - For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date that copyright was originally secured.

    Is there anything that cannot be protected by copyright?Several categories of material are generally not eligible for federal copyright protection. These include among others:

    • Works that have not been fixed in a tangible form of expression, (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
    • Titles, names, short phrases, and slogans (see Trademarks); familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
    • Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration.
    • Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

    http://www.legalzoom.com/law_library/copyrights/protection.html

  • Poztate
    Poztate
    Whew... looking back on what I just wrote, I think I'm enjoying a pretty good coffee buzz right now! ;)

    ~Quotes

    Coffee eh (gotta say eh canadian you know) Right. Let me sniff that coffee cup

  • onacruse
    onacruse

    Quotes, U got balls, and that's for sure!

    Oops, pushed the wrong button! LOL

    Anyway, good on for you and the lawyer that is working with you.

    One thing that's been proven over and over again is that--the more the WTS tries to squash the flow of info about their damnable cult, the more it spreads.

    [Edit] them.

  • AlmostAtheist
    AlmostAtheist
    Oh my god, what a fool I've been!

    All this time I've been innocently calling it the "BS CD"... and now I realize that "BS" could be interpreted as meaning something other than BOOKSHELF!

    Heaven forfend, I'm so embarrased and upset with myself!!!

    I can only imagine how mortified you must be. Might I suggest a new name?

    Golden Age-era Released Books Available Generally Electronically CD

    Then there's no fear that an acronym might innocently spell something that would cast the spiritual food in a negative light.

    Dave

  • jgnat
    jgnat

    Call me a perverse strategist, but I wonder what the WTBTS will try next. Knowing our "enemy" can help us prepare. Could they apply to the Copyright Board of Canada? Is there an economic loss associated with Quotes' site?

    That might be darned hard to prove, considering these are works of a charitable organization, intent on the broadest distribution of their word.

    http://www.cb-cda.gc.ca/aboutus/mandate-e.html

  • Quotes
    Quotes

    LMAO at AlmostAtheist!!!

    :)

  • stevenyc
    stevenyc

    Quotes,

    Good on ya' son. You make us all proud!

    I started looking for typical JW law cases, to give you some support and a little fun. I had to stop though, I am Getting REALY P!SS'D 0FF with their bully tactics, and usage of the law only when it suits them. They make me Soooo angry I could kick my dog!

    (Don't worry, I don't have a dog, and the wife's just kissed me and gave me a cup of tea. Cooling down now - found a happy place)

    http://www.watchtowerinformationservice.org/blainville.htm
    "To put it in simple English, you can not license freedom of expression," said lawyer Glen How, who is also a Witness. "This is a scandalous abuse."

    http://www.freedomforum.org/templates/document.asp?documentID=15785
    Mormons, Independent Baptist Churches of America, Gun Owners of America and the American Civil Liberties Union are among more than a dozen organizations that signed friend-of-the-court briefs supporting the church

    http://www.law.com/jsp/article.jsp?id=1083328831112
    Despite the two-witness rule, Moreno says, the Watchtower legal department instructs elders to report child abuse to law enforcement in states where clergy are legally obliged to do so. "Victims and their families also have the absolute right to report abuse to the authorities."

  • Gedanken
    Gedanken

    Quotes,

    Why on earth would the WTS object to you disseminating their "pattern of healthful words of truth" TM so faithfully and for free? You are giving a fine witness and should be commended and not scourged by the brothers. I only hope that you are faithfully counting your time for "doing the work of an evangelizer." In reality you are a modern day Paul; truly you have "stepped over into Macedonia" as it were - i.e., into the new territory of the internet.

    Gedanken

  • Quotes
    Quotes

    jgnat: Good point.

    Even if WT could prove copyright infringement (which would be impossible based on the facts), how could they prove economic loss for material they give away for free? The econmics are totally different from the record industry's case against file swapping. And economic protection is the basis for copyright law.

    The only economic-loss case they could attempt to make would be to prove they have lost MEMBERS as a result of the Quotes site, and then put a dollar figure on the average value of a member -- but that would be outside the bounds of copyright law entirely. And it would be so incredibly embarrasing to WT ("they see their members as $$$") that it would almost be worth going to court to get them to put it on the record.

    Also, such an argument would turn on them proving that their own words is what caused the loss in membership and hence revenue.

    Disclaimer: As I've stated before, I state again: the Quotes web site just provides the raw and verifiable information for people to study. What they do with it is their own business. Yes, I have an "agenda", but it is nowhere elucidated on the Quotes web site. If the Quotes site content has caused a loss of membership, then maybe Watchtower shouldn't have said those things!

    ~Quotes.

  • Quotes
    Quotes

    Gedanken said: "In reality you are a modern day Paul;"

    LMAO!!!

    Those that know me would suggest I've been "stealing from Peter to pay Paul"... or the other way around. ;)

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