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Joined: Aug 2002
Posts: 29
Junior Member
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Junior Member
Joined: Aug 2002
Posts: 29 |
I came across a site that has hundreds of posts (taken out of context) posted originally on my forum.
Anyone familiar with the "fair use" exception?
Is there anything I can do to protect my members from having their posts "parodied" on other sites?
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Joined: Mar 2000
Posts: 21,079 Likes: 3
I type Like navaho
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I type Like navaho
Joined: Mar 2000
Posts: 21,079 Likes: 3 |
hmmm.. parody? no
Do they at least post a link back to the original?
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Joined: Jul 2003
Posts: 273
Member
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Member
Joined: Jul 2003
Posts: 273 |
I recently dealt with a site with the same problem. It seems that they had the worst case scenario. A software company took some posts out of context and used them to promote its product. Many of the posts had been of problems with a particular product (by a competitor), however all had turned out to be user error and were resolved (however the company failed to mention this). Basically they took posts out of context and twisted them (placement) to make their product seem superior. While by itself it falls under fair use, there are things you can do to prevent it legally:
Make sure that your copyright message says, "All content, posts, and information found on this site is copyright of yourdomain.com or the original authors. Reproduction of any of the information found herein is strictly prohibited." or something to that effect.
second you can have members place a small blurb in their signatures to the same effect to ensure that their posts are not used. This is for members who care. Some don't.
This still doesn't totally protect because any attorney would argue that information found on a public forum is fair game. Posting assumes public consumption/availability.
However using such messages is a deterrent.
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Joined: Jan 2000
Posts: 5,833 Likes: 20
UBBDev / UBBWiki Owner
Time Lord
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UBBDev / UBBWiki Owner
Time Lord
Joined: Jan 2000
Posts: 5,833 Likes: 20 |
We had a manufacturer respond to a post about an article that people were talking about.. The article was on an explosive that can be made with drain cleaner, the cleaner's company emailed us with problems about the post stating that our post on our board was lowering the popularity of their product.
Note that it wasn't even an article hosted on my site, they were TALKING about it... Needless to say, I was contacted by their attourney, removed the one post that even mentioned their product on my entire board... Was a complete pain...
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Joined: Aug 2002
Posts: 29
Junior Member
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Junior Member
Joined: Aug 2002
Posts: 29 |
Originally posted by AllenAyres:
hmmm.. parody? no
Do they at least post a link back to the original?
It's not really parody . . . it's just (out of context) quotes . . . yes, there is a link back. Several members complained that they might stop psting if their posts are abused like this. Not sure if I can do anything 
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Joined: Jan 2000
Posts: 5,833 Likes: 20
UBBDev / UBBWiki Owner
Time Lord
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UBBDev / UBBWiki Owner
Time Lord
Joined: Jan 2000
Posts: 5,833 Likes: 20 |
If their linking to your site, report them to their host for violating your site's copyright, then add to your forums footer "All content and discussions are (c) 2003/2004 (mydomain)".
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Joined: Jul 2003
Posts: 273
Member
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Member
Joined: Jul 2003
Posts: 273 |
Originally posted by Mark Schonfeld:
I recently dealt with a site with the same problem. It seems that they had the worst case scenario. A software company took some posts out of context and used them to promote its product. Many of the posts had been of problems with a particular product (by a competitor), however all had turned out to be user error and were resolved (however the company failed to mention this). Basically they took posts out of context and twisted them (placement) to make their product seem superior. While by itself it falls under fair use, there are things you can do to prevent it legally: Make sure that your copyright message says, "All content, posts, and information found on this site is copyright of yourdomain.com or the original authors. Reproduction of any of the information found herein is strictly prohibited." or something to that effect. second you can have members place a small blurb in their signatures to the same effect to ensure that their posts are not used. This is for members who care. Some don't. This still doesn't totally protect because any attorney would argue that information found on a public forum is fair game. Posting assumes public consumption/availability. However using such messages is a deterrent.
Originally posted by Gizzy:
[qb]
If their linking to your site, report them to their host for violating your site's copyright, then add to your forums footer "All content and discussions are (c) 2003/2004 (mydomain)".
[/qb] more or less what I said. Also I don't think you legally had to remove that post.
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Joined: Jan 2000
Posts: 5,833 Likes: 20
UBBDev / UBBWiki Owner
Time Lord
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UBBDev / UBBWiki Owner
Time Lord
Joined: Jan 2000
Posts: 5,833 Likes: 20 |
Yeh, I didn't either, but i didn't want to deal with it so I nuked the section that stated his copyright...
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Joined: Jul 2003
Posts: 273
Member
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Member
Joined: Jul 2003
Posts: 273 |
I'm fortunate enough to have my own in-house legal staff. 
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Joined: Jan 2000
Posts: 5,833 Likes: 20
UBBDev / UBBWiki Owner
Time Lord
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UBBDev / UBBWiki Owner
Time Lord
Joined: Jan 2000
Posts: 5,833 Likes: 20 |
yeh and i'm fortunate enough to just message you on aim lol...
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