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@list.indology.info> wrote:
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---------- Forwarded message ----------
From: Dean Michael Anderson <eastwestcultural@yahoo.com>
To: Indology List <indology@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.>


Best,

Dean




From: Dominik Wujastyk <wujastyk@gmail.com>
To: INDOLOGY <indology@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



​

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