One of the points I am trying to make is that an email can contain within
it, (as can a piece of correspondence) a copy of a paper, poem, short story,
essay, or other work which would be copyrightable, and that if such a work
were included in full and an assertion of copyright were made, there could
be no doubting that it was in the authors mind that it should be respected
as such.
If you were to write out long hand the contents of a short story you had
read in a book and post it to a friend that likewise might in some
interpretations be unauthorised copying, which is why new legislation has
been introduced for instance to give exemptions to copies made so that blind
people can have access to them.
I think what is needed is to distinguish between expressions of opinion
which are ephemeral and in the nature of written conversation and secondary
material such as quotations and other stuff.
I think legally the status of emails will be subject to the conditions in
the small print of the ISP who publishes them, that is to say in my case
Freeserve and to the other ISP's who distribute them.
I guess JISCMAIL somewhere have a statement as well. I doubt if any of them
wish to assert copyright over emails other than assuming that they have a
licence (which is a seperate issue) to distribute them over the web and to
archive them.
There are varios codes of fair conduct, and for instance if a television
company in the course of making a documentary were to casually record
conversations which indadvertently allowed information that the overheard
conversationalists wished to go no further than the four walls of the pub,
they would have some recourse to an apology from the TV company.
I do not think it is acceptable in any research if the facility exists
(which it surely does on lists like this) not to gain permission from those
who are being studied vicariosly to being so used and quoted and therefore
it is my opinion that those who do this are acting unethically, hence my
previos outburst against academia which I regard with suspicion being of a
paranoid nature.
I for instance do participate in some studies being carried out by the
University of Cambridge but do so willingly and in full knowledge. there is
a big difference.
A lot of reserch that has been carried out in the fields of pyscology, some
of it regarded now as classical experiments is nonetheless deemed by many to
have been unethical by current standards.
Larry
> -----Original Message-----
> From: The Disability-Research Discussion List
> [mailto:[log in to unmask]]On Behalf Of Han Tacoma
> Sent: 27 October 2002 01:59
> To: [log in to unmask]
> Subject: Re: Internet research, Copyright and WIPO
>
>
> Hello All,
>
> Somehow it seems tempers are flaring up, assumptions
> are being made and however interesting all this exchange
> of opinions is, I find it unrelated to the objective of
> the list.
>
> My personal opinion aside, I checked what the World
> Intellectual Property Organization (WIPO) had to say.
>
> http://www.wipo.org/about-ip/en/index.html?wipo_content_frame=/about-
> ip/en/copyright.html
> (you may have to cut and paste the previous lines)
>
> >Copyright and Related Rights
> >What is copyright?
> >Copyright is a legal term describing rights given to
> >creators for their literary and artistic works.
> >
> >What is covered by copyright?
> >The kinds of works covered by copyright include: literary
> >works such as novels, poems, plays, reference works,
> >newspapers and computer programs; databases; films, musical
> >compositions, and choreography; artistic works such as
> >paintings, drawings, photographs and sculpture;
> >architecture; and advertisements, maps and technical drawings.
>
>
> http://www.wipo.org/copyright/en/faq/faqs.htm#ideas
>
> >Are ideas, methods or concepts protected by copyright?
> >Copyright protection extends only to expressions, and not
> >to ideas, procedures, methods of operation or mathematical
> >concepts as such. This principle has been confirmed by the
> >Agreement on Trade-Related Aspects of Intellectual Property
> >Rights (TRIPS Agreement) of the World Trade Organization (WTO)
> >as well as the WIPO Copyright Treaty.
>
>
> http://www.wipo.int/it/en/projects/wiponet.htm
>
> >WIPONET
> > Objective:
> >To provide the necessary network infrastructure and services
> >for improved information exchange among the global intellectual
> >property community.
>
> This is where I believe the arguments being presented should be
> discussed.
>
> You can draw your own conclusions from the above material.
> I am sure we would get into semantics, epistemology and who
> knows what else in the interpretation of it.
>
> In the meantime,I have however sent an email to WIPO asking
> them whether email is copyright. I'll keep you posted.
>
> Cheers!
> --
> Han Tacoma
>
> ~ Artificial Intelligence is better than none! ~
>
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