HeRe opened this issue on Jun 07, 2007 · 277 posts
momodot posted Fri, 08 June 2007 at 1:54 PM
Posts to the forum should fall under Fair Use for educational and journalistic purposes I suppose. Then there is the whole matter of Fan Art and "transformative nature". Then there is the issue of likness and ones status as a public figure, Angela Joli has for instance decided to be a public figure in addition to a celebrity, she has probly lost claim to "celebrity" just as Arnold Schwartzenager has been adjudicated to have lost his. These things wouldn't play out in court if they were as clear cut as some people suppose... protection of copyright is something that must be defended, it is not a defacto divine endowment... the first admentmendt plays a big role in the issue. Maybe the RMP simply has a policy that does not pertain to the legaity involved. Lord... Picasso and Andy Worhol, Paul Gaugain who painted from commercial post cards, maybe a quarter or more of art history would be missing if Microsoft had been trampling artistic rights and common sense a hundred or so years earlier.
Wikipedia:
The first factor is about whether the use in question helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public, or whether it aims to only "supersede the objects" of the original for reasons of, say, personal profit. To justify the use as fair, one must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new. A key consideration is the extent to which the use is interpreted as transformative, as opposed to merely derivative.
TITLE 17 > CHAPTER 1 > § 107 Prev | Next
§ 107. Limitations on exclusive rights: Fair use
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—
http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html
*Congress favored nonprofit educational uses over commercial uses. Copies used in education, but made or sold at a monetary profit, may not be favored. Courts also favor uses that are "transformative," or that are not mere reproductions. Fair use is more likely when the copyrighted work is "transformed" into something new or of new utility, such as quotations incorporated into a paper, and perhaps pieces of a work mixed into a multimedia product for your own teaching needs or included in commentary or criticism of the original.
http://www.copyright.iupui.edu/highered.htm,* The Copyright Management Center (CMC), Indiana University-Purdue University Indianapolis (IUPUI)
N.B. It is permisible to exerpt texts for educational, critical and journalist purposes... unless these forums are truly commercial rather than educational I suppose there should't be a problem.