PDF in Database of Restoration Documents

[David H.]

We enjoy an excellent summary of restoration "how to" pdf consolidated in TB Sticky: "Database of Restoration Documents".

With renewed emphasis on 'who owns what' posting-wise on our own NCRS Technical Discussion Board, I expect our Board would be concerned about copyright ownership of these documents as well.

That knife cuts both ways.

Many pdf are from magazines or from other websites. e.g. John Hinckley articles posted with his permission on "Camaros.org" or from "Corvette Enthusiast" magazine.

Others have been authored by NCRS members, but may have originally been posted to "Corvette Forum/Corvette Action Center/etc). Those websites likely have similar use/posting standards as this site. Hence they may be posted without permission.

If copyright issues arise, contributors to this database may find themselves caught betwixt two websites both claiming you are responsible for that transgression. (no good deed goes unpunished)

Maybe, nobody cares.

In-any-case, I'd download those pdf you think you MIGHT be interested in. May just disappear one day.

Dave

[Ed S.]

Re: PDF in Database of Restoration Documents

Let's hope the lawyers don't get involved in this but.... It is my understanding that material on the internet can be reposted (as the NCRS does with the "how-to" PDF articles) if the NCRS is not profiting from the use of these documents. As long as the NCRS is classified as a non-profit organization and does not realize a profit from the posting of the documents no there is no copyright violation.

[Mark F.]

Re: PDF in Database of Restoration Documents

Dave and Ed,

I’m not a lawyer, but I believe the tests that need to be passed as to whether there is copyright infringement (or not) in this case fall under what is called “Fair Use” rules and regulations. Unless someone openly sells one of these documents for a profit, I'm thinking Fair Use applies to a lot of what we do on this TDB...just my opinion (and hope)...

Here’s the link and there are many other hits on the web if you punch in “terms for fair use” in google.

https://www.govinfo.gov/content/pkg/USCODE-2010-title17/html/USCODE-2010-title17-chap1-sec107.htm

Section 107 of the Copyright Act lists Limitations on exclusive rights: “Fair use”, which opens up w/ the following (redacted):

…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.

[David H.]

Re: PDF in Database of Restoration Documents

Ed & Mark

Thanks for clearing that up.


So ....

If everyone else's stuff is ok to be on our site re "fair use", then I expect our own posts are "fair use" as well.

i.e. How can NCRS lay claim to ANY "fair use" material.

Are our existing/new "rules" an unenforceable power grab?

Would seem members are in-fact free to post their intellectual property wherever they want, as long as reposts meet intellectual property criteria.

In fact, given it's ok to repost non-members pdf on our site, would seem it would be ok for members to repost anyone's intellectual property found on NCRS' site to another site as long as it meets "fair use" criteria.

Is the reality that NCRS' website rules really apply only if you are trying to make money? i.e. non "fair use".


Dave

[Ed S.]

Re: PDF in Database of Restoration Documents

You are welcome but.... I am not sure I "cleared anything up". My personal understanding of the law (again - I am not a lawyer) and reposting of other peoples' documents comes from discussions with persons that are webmasters of websites and at least two persons that host / operate website development sites. They all indicated to me that there is nothing illegal about reposting documents if it is done for educational purposes and there is no monetary or material gain realized... and the documents are not marked with a copyright protection statement by the author. If others believe differently I encourage them to share their knowledge of the issue with us.

[Owen L.]

Re: PDF in Database of Restoration Documents

... and the documents are not marked with a copyright protection statement by the author.

This is a mistaken belief that has been widely held since the '80s when the laws were amended.

From the US Copyright Office, 2021: <https://www.copyright.gov/circs/circ03.pdf>

Copyright notice is optional for unpublished works, foreign works, or works published on or after
March 1, 1989. When notice is optional, copyright owners can use any form of notice they wish. How-
ever, works first published after March 1, 1989, may need to comply with statutory formalities to pre-
vent a defendant from invoking an innocent infringement defense in a copyright infringement action.

[Mark F.]

Re: PDF in Database of Restoration Documents

For those really curious about this, I found 5 "Fair Use" cases the U.S. Supreme Court has ruled on back to 1984.
There are some big names here, but I can't comment on how these might apply to what Dave has brought up.

You can search any Fair Use case heard in any jurisdiction by numerous case category types using this link (just check or uncheck the boxes for what you want to see):

https://copyright.gov/fair-use/fair-index.html

Google LLC v. Oracle Am., Inc., 141 S. Ct. 1183 (2021)	2021	U.S. Supreme Court	U.S. Supreme Court	Computer Program	Fair use found
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994)	1994	U.S. Supreme Court	U.S. Supreme Court	Music; Parody/Satire	Preliminary ruling, mixed result, or remand
Stewart v. Abend, 495 U.S. 207 (1990)	1990	U.S. Supreme Court	U.S. Supreme Court	Film/Audiovisual; Textual work	Fair use not found
Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539 (1985)	1985	U.S. Supreme Court	U.S. Supreme Court	News reporting; Textual work; Unpublished	Fair use not found
Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417 (1984)	1984	U.S. Supreme Court	U.S. Supreme Court	Film/Audiovisual; Format shifting/Space shifting	Fair use found