[INDOLOGY] Fw: Tagore, Aurobindo, and Malhotra

[Antonio Ferreira-Jardim]

Dear all,

I take issue with Dominik's statements here:

" 'For scholarly purposes' means nothing, under the law."

"Copying is still a breach of rights. What fair use means, legally, is that
if the case came to court, a reasonable judge would be unlikely to convict."

--> Not quite correct. It depends on the jurisdiction.

Scholarly use is one of the four exemptions under s107 of the US Copyright
Act. For more information see here:
http://copyright.gov/fair-use/more-info.html .

We have similar provisions in Australia in our Copyright Act. For more
information see here:
http://www.alrc.gov.au/publications/4-case-fair-use-australia/what-fair-use

Similarly in the UK: https://www.gov.uk/exceptions-to-copyright

Fair use provisions provisions are codified in Israel, South Korea etc.

The Canadian Supreme Court has recently moved towards this interpretation
with some important recent decisions:
http://www.press.uottawa.ca/sites/default/files/9780776620848_5.pdf

The situation in the European Union is more complicated and not as absolute
as Dominik portrays. For more information, including a discussion of
particular EU cases read here: http://www.ivir.nl/publicaties/download/912

While it's important to leave Indology to the Indologists, perhaps we
should leave pronouncements on the Law to Legal professionals as a bit of
misinformation can go a long way. :)

Kind regards,
Antonio Ferreira-Jardim
Brisbane, Australia

On Fri, Jul 31, 2015 at 11:43 AM, Dean Michael Anderson via INDOLOGY <
indology at list.indology.info> wrote:

> _______________________________________________
> INDOLOGY mailing list
> INDOLOGY at list.indology.info
> indology-owner at list.indology.info (messages to the list's managing
> committee)
> http://listinfo.indology.info (where you can change your list options or
> unsubscribe)
>
>
> ---------- Forwarded message ----------
> From: Dean Michael Anderson <eastwestcultural at yahoo.com>
> To: Indology List <indology at list.indology.info>
> Cc:
> Date: Fri, 31 Jul 2015 01:43:31 +0000 (UTC)
> Subject: Fw: [INDOLOGY] Tagore, Aurobindo, and Malhotra
> I meant to send this to the whole list but it went to Dominik only which
> was probably why he got deluged with similar messages from others:
>
> --
>
> Although there is Fair Use which covers quite a bit of "for scholarly
> purposes."
>
> <In its most general sense, a fair use is any copying of copyrighted
> material done for a limited and “transformative” purpose, such as to
> comment upon, criticize, or parody a copyrighted work. Such uses can be
> done without permission from the copyright owner. In other words, fair use
> is a defense against a claim of copyright infringement. If your use
> qualifies as a fair use, then it would not be considered an illegal
> infringement.>
>
> This was plagiarized from
> http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
>
> Best,
>
> Dean
>
>
>
>
> ------------------------------
> *From:* Dominik Wujastyk <wujastyk at gmail.com>
> *To:* INDOLOGY <indology at list.indology.info>
> *Sent:* Thursday, July 30, 2015 7:06 PM
> *Subject:* Re: [INDOLOGY] Tagore, Aurobindo, and Malhotra
>
> Arlo, plagiarism doesn't, according to the various public definitions,
> depend on intention.  There is no distinction - formally speaking - between
> sloppiness and plagiarism.  This has already been discussed, about a week
> ago ("manslaugher vs. murder").
>
> This is an error that people make about copyright too.  "For scholarly
> purposes" means nothing, under the law.   Breaching copyright means
> physically *...making...a...copy*.  It doesn't matter why.  If you copy
> something physically, without permission, you've breached the
> copyright-holder's rights.  It's Act, not Intent.
>
> Best,
> Dominik
>
>
>
> ​
>
> _______________________________________________
> INDOLOGY mailing list
> INDOLOGY at list.indology.info
> indology-owner at list.indology.info (messages to the list's managing
> committee)
> http://listinfo.indology.info (where you can change your list options or
> unsubscribe)
>
>
>
>
>
>


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://list.indology.info/pipermail/indology/attachments/20150731/eaf3aed9/attachment.htm>