Depressing News About marlowheights60sand70s.com

[cissp]

I was notified today by the copyright owner of a certain DC area radio station's audio files (jingles, promos) that I could not use said audio files on my web site. Further, I was informed that if I did not remove said audio files within 24 hours, I would face legal action from this "serious" offense. I have since removed all audio files from my "Sounds" section. Further, I have removed a link to this individual's web site. I would have thought that by at least linking to their web site, I would increase the "hits" to it. Apparently, copyright in the Internet age has become anal, so who knows, perhaps my web site will be reduced to simple text and those pictures I have personally taken myself.

Being realistic, I now realize that I need to provide credit for all graphic and audio content on my web site, besides that which is in the public domain and those authored by myself. Geez, I'm not talking about providing a movie, music video, or sound file from a published artist. We're talking audio and video from Marlow Heights (and beyond) for such things as restaurants, landmarks, and all things we remember from way back when. Who's going to profit from that? My web site was not designed to make ANY money. I created it on my own time and at my own expense to provide a fun, nostalic place for folks to visit, nothing more. Stay tuned for updates. In the meantime, remember to visit the "NOTICE" section of my web site for disclaimers.

 

[virgovictoria]

That just sucks.

 

[Ken King]

1. Anyone can threaten a lawsuit. That does not mean that their claims are legitimate or that they will prevail in a court of law.

2. There is a concept in the law known as "FAIR USE." You are free to copy from a protected work for purposes such as criticism, news reporting, teaching or research so long as the value of the copyrighted work is not diminished.

3. Would they really sue you? Probably not since (1) they are not losing any money because of your actions, (2) you probably don't have alot of money for them to get, (3) it would cost them alot of money to sue you, (4) there is no guarantee that they would win based on FAIR USE.

If it was me, I would ask them to put it in writing. Then I would scan their letter and publish it here for the whole world to see what a bunch of corporate *******s they are.

Don't be afraid just because someone threatens to sue you.

 

[Kizzy]

David

 

[Kain99]

1. Anyone can threaten a lawsuit. That does not mean that their claims are legitimate or that they will prevail in a court of law.

2. There is a concept in the law known as "FAIR USE." You are free to copy from a protected work for purposes such as criticism, news reporting, teaching or research so long as the value of the copyrighted work is not diminished.

3. Would they really sue you? Probably not since (1) they are not losing any money because of your actions, (2) you probably don't have alot of money for them to get, (3) it would cost them alot of money to sue you, (4) there is no guarantee that they would win based on FAIR USE.

If it was me, I would ask them to put it in writing. Then I would scan their letter and publish it here for the whole world to see what a bunch of corporate *******s they are.

Don't be afraid just because someone threatens to sue you.

Yeah but.... Who needs the headache?

If section 2 is true.... Why does SOMD forbid copying and pasteing News articles? Just curious.

 

[Pete]

Yeah but.... Who needs the headache?

If section 2 is true.... Why does SOMD forbid copying and pasteing News articles? Just curious.

Because you diminish the value of the newspaper if you copy their articles to a site that does not require the reader to visit their site. If I copied all the articles form USA Today onto this web site I defeat their revenue generating ability because people could just come here to read it without having to view their ads. A link to their site would be ok.


How do you know that this radio station "owns" the rights to these jingles to begin with? Just because I have a copy of a book does not mean I own any rights to it.

 

[Kain99]

Because you diminish the value of the newspaper if you copy their articles to a site that does not require the reader to visit their site. If I copied all the articles form USA Today onto this web site I defeat their revenue generating ability because people could just come here to read it without having to view their ads. A link to their site would be ok.

Thanks Pete.... Probably, the same reason the Radio Station has a problem with the audio files. just checking.

 

[danceintherain]

I really enjoyed your web-site. Brought back memories. I lived in Forestville back in the early 70's and then grew up in Camp Springs. I remember when Irvson Mall was the only place to shop. Your web-site is still great just forget about those guys.

 

[vraiblonde]

Probably, the same reason the Radio Station has a problem with the audio files.

Well, there's another difference in that we're a for-profit website and the Marlow Heights one isn't.

If Cissp wasn't hosting the files himself and was burning up their bandwidth, I could see them having a gripe. We don't like it when people do that to us, either. And we also don't like it when they copy our design and try to pretend it's their own - Cissp didn't do that. Other than that, I don't see the problem - you'd think they would want the free publicity.

 

[vraiblonde]

How do you know that this radio station "owns" the rights to these jingles to begin with?

I'd be curious about that as well. The creator of the jingles would retain intellectual property rights, but distribution rights should belong to the business advertised, since they paid for it to be created in the first place.

 

[Pete]

I'd be curious about that as well. The creator of the jingles would retain intellectual property rights, but distribution rights should belong to the business advertised, since they paid for it to be created in the first place.

Correct, and if the creator or businesses are defunct, they would be free.

 

[duzzey1]

Hey I can't get to the site! What gives? You think it is a firewall here at work?

 

[Ken King]

Because you diminish the value of the newspaper if you copy their articles to a site that does not require the reader to visit their site. If I copied all the articles form USA Today onto this web site I defeat their revenue generating ability because people could just come here to read it without having to view their ads. A link to their site would be ok.

We've discussed this many times before and it seems to me that unless SOMD.com themselves posted information on here that it would fall within the 'fair use" doctrine of our copyright laws, which state;

"§ 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—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. "

 

[FastCarsSpeed]

Best course of action.. As a website owner and operator of many commercial websites. We pretty much have copyright notices on almost all of out exclusive content. But we have requests from time to time to have some of our pictures and files listed on other say enthusiast or hobby sites. As long as the website owner asks for permission and provides a link to the site we dont have a problem with this. But when we find content from a site that we havent given approval do we send out this standard form email telling them to remove the content. In the future I would recommend that if your using content from another site that is not really public domain you may want to just send a simple email explaining your site and your intentions.

Good luck in the future.

 

[Pete]

We've discussed this many times before and it seems to me that unless SOMD.com themselves posted information on here that it would fall within the 'fair use" doctrine of our copyright laws, which state;

"§ 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—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. "

This is where it gets tricky. A small quote, passage or section being reproduced is not a problem, copying something in its entirety without permission would be a violation.

#4 Clearly states to me, if the market for the copyrighted material is damaged it is infringment.

So if I am a teacher and I buy 1 textbook and make 30 copies for it in its entirety for my class I am ruining the value of the work and I am reproducing copyrighted property.

 

[Ken King]

This is where it gets tricky. A small quote, passage or section being reproduced is not a problem, copying something in its entirety without permission would be a violation.

#4 Clearly states to me, if the market for the copyrighted material is damaged it is infringment.

So if I am a teacher and I buy 1 textbook and make 30 copies for it in its entirety for my class I am ruining the value of the work and I am reproducing copyrighted property.

Yeah but if you check the copyright it is for the entire paper and not a specific article so the substantiality is minimal. Also as these online papers have free registration how does it impact market value?

 

[Pete]

Yeah but if you check the copyright it is for the entire paper and not a specific article so the substantiality is minimal. Also as these online papers have free registration how does it impact market value?

Wouldn't a a revenue scheme like X cents per "web hit" for advertises equate to spoiled revenue?

If I reproduce articles on my site so you can read it here instead of going there and generating a web hit you are in effect "un-ringing" their cash register and ringing your own (if your site is commercial).

I would think that a copyright is generated by a work authored. A paper is a collection of individual copyrighted works. The authors give distribution rights to the paper but individually own them.

 

[vraiblonde]

If you're going to publish anything these days, you need to do some research on copyright and trademark law and probably use a lawyer.

Boy, ain't that the truth.

But, Cissp, your site must be doing well if you can't fly below the radar screen anymore!

 

[cissp]

Solution Worked Out on the Audio Files

After reaching an agreement with the copyright owner of the audio files, I am in the process of creating a link from my "Sounds" section to another website. There are way too many audio files to list individually, so I thought it best to link to a specific site where all my visitors can go to directly and play whatever files they choose to. In this way, we're keeping this legit, and you, the visitor to my site, can enjoy hearing those audio files. I'm trying to keep the best interests of my web site visitors at heart, and in this way I think it'll be a win-win situation for all concerned.

 

[Nupe2]

I was notified today by the copyright owner of a certain DC area radio station's audio files (jingles, promos) that I could not use said audio files on my web site. Further, I was informed that if I did not remove said audio files within 24 hours, I would face legal action from this "serious" offense. I have since removed all audio files from my "Sounds" section. Further, I have removed a link to this individual's web site. I would have thought that by at least linking to their web site, I would increase the "hits" to it. Apparently, copyright in the Internet age has become anal, so who knows, perhaps my web site will be reduced to simple text and those pictures I have personally taken myself.

Being realistic, I now realize that I need to provide credit for all graphic and audio content on my web site, besides that which is in the public domain and those authored by myself. Geez, I'm not talking about providing a movie, music video, or sound file from a published artist. We're talking audio and video from Marlow Heights (and beyond) for such things as restaurants, landmarks, and all things we remember from way back when. Who's going to profit from that? My web site was not designed to make ANY money. I created it on my own time and at my own expense to provide a fun, nostalic place for folks to visit, nothing more. Stay tuned for updates. In the meantime, remember to visit the "NOTICE" section of my web site for disclaimers.

Great Website! I used to work at "Woodies" during my summers home from College. I remember the royal burger and the great roast beef sandwiches (with a touch of seasoning salt) from the deli on the second floor of Iverson Mall. I also remember the fun we used to have getting HO cars and supplies from the hobby shop that used to be in Marlow Heights. Even cut class at Bishop McNamara to go down to Iverson Mall in the early 70's. I've bookmarked your site and will contribute if I can.

Oh yeah, FIGHT THE POWER!